Monday, 16 August 2010

T 1252/07 - (Un)sworn Enemy

During the appeal proceedings, the question arose as to the exact date at which document D19 was made available to the public. The opponent filed the following sworn declaration (click to enlarge):

The Board is not satisfied:

[4] Document D19a was filed by the appellant in order to further clarify [that brochure D19 was publicly available in 1975] but did not convince the board either. Although it is presented as a sworn declaration made by Mr. Lei Chenwei, a Chinese citizen, there is no evidence of the legal authority in front of which this sworn statement would have been made. This document is, thus, equivalent to an unsworn statutory declaration but may not be considered as a sworn statement according to A 117(1)(g), and this, even if such a reference is made on the front page of D19a.

If you wish to download the whole decision, you can do so here.