7. State of the art made available to the public "by means of a written or oral description, by use, or in any other way"
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  7. 7. State of the art made available to the public "by means of a written or oral description, by use, or in any other way"
  8. 7.2 Matters to be determined by the division as regards prior use
  9. 7.2.4 Example of publicly available use
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7.2 Matters to be determined by the division as regards prior use

Overview

7.2.4 Example of publicly available use 

A press for producing light building (hard fibre) boards was installed in a factory shed. Although the door bore the notice "Unauthorised persons not admitted", customers (in particular dealers in building materials and clients who were interested in purchasing light building boards) were given the opportunity of seeing the press but without any form of demonstration or explanation. No obligation to maintain secrecy was imposed as, according to witnesses, the company did not consider the visitors to be a possible source of competition. They were not genuine specialists, i.e. they did not manufacture such boards or presses, but were not entirely laypersons either. In view of the simple construction of the press, the essential features of the invention concerned were bound to be evident to anyone observing it. It was therefore possible that these customers, and in particular the dealers in building materials, would recognise these essential features and, as they were not bound to secrecy, they would be free to tell others about them.

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