This opposition appeal decision contains a statement on the availability to the public of a printed document.
The patent proprietor pointed out that documents A2, A5, F2, F4, and F7 showed that the skilled person was able to measure the pH value under certain conditions.
*** Translation of the French original ***
[4.2.1] The [patent proprietor] referred to document A2
- page 17 of which teaches how to use a LiCl solution in ethanol as an alternative electrolyte in electrodes to be used in non-acqueous media, and
- page 36 of which discloses an electrode containing such an electrolyte.
Even if one may presume that this document had been printed in February 1999, there is no indication that this catalogue or the above mentioned electrode have been made available to the public before the date of filing of the patent-in-suit, i.e. March 20, 1999.
Therefore, document A2 cannot support the argument of the patent proprietor.
Although it does not explicitly say so, the Board appears to consider that there was an implicit confidentiality agreement between the print office and the Metrohm company.
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