Refusal to hear witnesses on alleged public prior use: Technical Board of Appeal 3.2.07 reinforces the duty to take decisive evidence (T 1113/24)
In T 1113/24 (Technical Board of Appeal 3.2.07, 9 December 2025) the Board set aside an opposition decision because the Opposition Division (OD) rejected an alleged public prior use without hearing two witnesses offered to prove contested, outcome-determinative facts. The decision is a procedural reminder that an EPO department may not refuse relevant witness evidence by pre-judging its probative value.
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