5.2. Shifting the burden of proof
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Case Law of the Boards of Appeal
Case Law of the Boards of Appeal of the European Patent Office
III. Rules common to all proceedings before the EPO
G. Law of evidence
5. Burden of proof
5.2. Shifting the burden of proof
5.2.2 Cases in which the burden of proof was reversed
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5.2.2 Cases in which the burden of proof was reversed
Overview
5.2.2 Cases in which the burden of proof was reversed
a) Inventive step – furnishing of tests
b) Non-disclosure agreement
c) Sufficiency of disclosure
d) Unusual parameters
e) Priority
f) Disputing an experimental protocol
g) Common general knowledge of the skilled person
h) Violation of the laws of physics
i) Adverse effect of a reversal of the burden of proof cited in support of a request for review
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