Sat.May 13, 2023 - Fri.May 19, 2023

Remove Boards of Appeal are competent to overturn a finding of fact at first instance (T 1604 16)
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The free evaluation of evidence of prior use (T 0042/19)

The IPKat

Can a Board of Appeal overturn a finding of fact at first instance? Boards of Appeal case law on this question currently conflicts ( IPKat ). Witness testimony heard at first instance can not be considered superior or inferior to documents considered on appeal.