2.4.1 Hearing witnesses
The board in T 918/11 (prior use – long-ago events) considered that the opposition division's approach, that documents are of a more conclusive evidentiary value than witnesses, had no basis in the EPC, Art. 117 EPC containing no ranking of the means of evidence listed in it. The board was also of the opinion that the application of the standard of proof "beyond reasonable doubt" did not justify disregarding the testimonies. Position confirmed more recently by T 464/20, according to which, contrary to the appellant's (patent proprietor's) view, the evidential value of the witness testimony was not diminished by the absence of a document or receipt.
See also T 1138/20 (point 1.2.2 of the Reasons) and T 1710/12 in chapter III.G.2.3; see also in this chapter III.G.4.2.1.