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Date of decision
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11 February 2003
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Case number
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T 0055/01
- 3.5.1
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Application number
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92115521.4
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Title of the application
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Television receivers
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Applicant name
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SONY CORPORATION
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Opponent name
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Intressengemeinschaft für Rundfunkschutzrechte GmbH
Schutzrechtsverwertung & Co. KG
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Keywords
Inventive step (no)
Public availability of mass-produced consumer goods (TV-
receivers)
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Catchwords:
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Televisions are mass-produced consumer products which are
rapidly distributed to the market without any obligation of
confidentiality. According to general experience, it seems
highly implausible that such goods, whilst being mass- produced,
accumulate at some hidden location. Under these circumstances no
further evidence is necessary to prove that the televisions were
actually sold to specified customers and that the handbook
accompanying the televisions was made available to the public in
a period of about four months between their established
production date and the priority date of the patent in suit,
thereby taking into account that events on the mass market such
as the appearance of new television products are readily
accessible to everybody, in particular to competitors, who will
normally observe the market carefully. Hence, the standard of
proof of balance of probabilities applies in cases such as this
(as distinguished from T 472/92) (see point 4.1 of the reasons).
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