f) Evidence where serious doubts drawn from the patent itself

In T 1846/10 the board observed that example 5 of the patent provided verifiable facts which raised serious doubts that the invention could in fact be carried out by the average person skilled in the art without undue experimentation or inventive skills by following the guidance provided in the patent. Under these circumstances, no additional experimental evidence from the appellant (opponent) was required as it could rely on the evidence provided by the patent itself. The board concluded that the appellant had discharged its burden of proof.