Subject of this appeal is the date of public availability of an internet disclosure and whether the Examining Division should have allowed evidence with respect to the publication date of this disclosure into the proceedings. Although the Board describes somewhere in its decision that the Boards of Appeal of have a huge backlog, this Board spent quite some time on writing a nice "lesson" on determining the date of availability to the public of internet disclosures and how the balance of probabilities must be applied in those cases. Of course, the Board has to provide a well-reasoned decision - somehow I have the feeling that the lesson is also written for the Examining Division because it seems that the Board was not completely happy with their work.
Reasons for the Decision
This decision T 545/08 (pdf) has European Case Law Identifier: ECLI:EP:BA:2017:T054508.20170324. The file wrapper can be found here. Photo "Gold Scales of Justice" by Kittisak obtained via FreeDigitalPhotos.net (no changes made).