Key points
- Board 3.2.01 reviews the OD's finding that the public prior use was proven for errors in reasoning. The Board seems to follow its earlier decision T1418/17. See also T 1604/16 of Board 3.2.02.
- The Board: "The reasoning of the Opposition Division in this respect is free of any error as regards the underlying facts and the evaluation of the evidence is also free of any contradiction."
- "Bearing in mind the principle of free evaluation of evidence [...] the Board concludes that there is no reason to overturn the evaluation of the evidence made by the Opposition Division in its decision in this respect."
- The Board hence seems to apply a deferential standard of review, as opposed to a de novo review. This standard may or may not follow from the nature of appeal proceedings (i.e. to review 'in a judicial manner' the appealed decision including any findings of fact therein, Art. 12(2) RPBA).
EPO
The link to the decision is provided after the jump, as well as (an extract of) the text of the decision.
source http://justpatentlaw.blogspot.com/2022/12/t-023920-ii-review-of-findings-of-fact.html
