2.3.5 Miscellaneous

In T 190/05, which contains extensive reasoning on the issue of evidence, the board ruled that, under R. 68(2) EPC 1973 (R. 111(2) EPC), the opposition division ought to have explained more clearly in the reasons for its decision why it had regarded the alleged prior use as substantiated and the statutory declaration as sufficient evidence. Neither the summons nor the brief communication, nor the minutes of oral proceedings, could substitute adequate reasoning in the decision.

On the probative value of witness testimony and written statements, see also in this chapter III.G.4.2.1.

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