3.1.6 Re-hearing a witness

In case T 30/12, as evidence adduced for proving the invoked public prior use in opposition proceedings, the appellant (opponent) relied upon the drawing A9 and the testimony of Mr H, made before the opposition division. As regards the request for a renewed hearing of the witness Mr H before the board, the board noted that the appellant did not request that the witness be heard again to supplement his testimony by corroborating facts but only to clarify the statements made before the opposition division. However, the statements made by the witness as to whether document A9 was handed over to a member of the public were clear and unambiguous. The request to rehear Mr H was eventually rejected by the board.

In T 544/14 re-hearing the witness was necessary. In view of the complication and the subsequent delay in the proceedings, the board decided first to clarify whether the alleged public prior use was novelty-destroying (without any doubt, no).