T 0109/91 of 15.01.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T010991.19920115
- Date of decision
- 15 January 1992
- Case number
- T 0109/91
- Petition for review of
- -
- Application number
- 83302478.9
- IPC class
- C12N 15/00
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Composite plasmid
- Applicant name
- AJINOMOTO CO.
- Opponent name
- DEGUSSA AG
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111 1973European Patent Convention Art 54(3) 1973European Patent Convention Art 54(4) 1973
- Keywords
- Novelty - burden of proof - Weight of evidence in
opposition proceedings - Remittal to Opposition
Division for further examination of novelty - Catchword
- The standard burden of proof in opposition cases is generally expressed as proof on the balance of probabilities, absolute certainty is not required but a degree of probability which in human experience verges on certainty. If the evidence is such that the Division or the Board can conclude "we think it more probable than not", the burden is discharged. The burden of proof may shift constantly as a function of the weight of the evidence (cf. point 2.10 of the Reasons for the Decision).
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Opposition Division for further prosecution.