d)
Ranking of means of evidence 

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 evidentary 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.

Quick Navigation