5.2.2 Cases in which the burden of proof was reversed
In R 21/10 the Enlarged Board ruled that a board's alleged reversal of the burden of proof is not a ground for review, these being exhaustively listed in Art. 112a(2)(a) EPC to Art. 112a(2)(e) EPC and R. 104 and 105 EPC (solution cited by R 1/20). It found that, in any event, the technical board concerned – far from reversing the burden of proof – had merely applied the rule that each party bears the burden of proving the facts it asserts.