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. 7.2.5 Example of a process not made publicly available
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7.2 Matters to be determined by the division as regards prior use

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7.2.5 Example of a process not made publicly available 

The patent is directed to a process for the manufacture of a product. As proof that this process had been made available to the public by use, it was asserted that a similar already known product had been produced by the process claimed. However, it could not be clearly ascertained, even after an exhaustive examination, by which process it had been produced.

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