Guidelines for Examination:PART D: CHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITION, 3. Non-patentability pursuant to Art. 52 to 57, 3.1 State of the art made available to the public by use or in any other way, 3.1.3.5 Example of the inaccessibility of a process

Guidelines for Examination
PART D
CHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITION
3. Non-patentability pursuant to Art. 52 to 57
3.1 State of the art made available to the public by use or in any other way
3.1.3.5 Example of the inaccessibility of a process

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PART D
CHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITION
3. Non-patentability pursuant to Art. 52 to 57
3.1 State of the art made available to the public by use or in any other way
3.1.3 Ways in which subject-matter may be made available

3.1.3.4 Example of the accessibility of objects used

3.1.3.5

Example of the inaccessibility of a process

The subject of the patent concerns a process for the manufacture of a product. As proof that this process had been made available to the public by use, a similar already known product was asserted to have been produced by the process claimed. However, it could not be clearly ascertained, even after an exhaustive examination, by which process it had been produced.