Can an Affidavit of an Opposer be Relied Upon in a Section 34 Ex Partes Decision?

ex parte

Israel Patent Application 156034 is joint owned by Serguei Borisovish Sivolenko and by DIAMCAD N.V.

After an opposition was withdrawn, Deputy Commissioner Ms Jacqueline Bracha used her discretion power under Section 34 of the Law to continue the opposition as an ex-partes proceeding.

The Applicants responded that since the opposition was withdrawn, Ms Bracha could not rely on Mr Akiva Caspi’s affidavit as submitted by the Opposer, since he was not cross-examined on it.

Ms Bracha accepted the criticism and consequently has invited the applicants to appear before her on 10 September 2014 to state their case at an Oral hearing Under Section 74c of the Patent Regulations 1968. She has given them the option of either bringing along Mr Caspi at their expense, as a witness to be cross-examined by Ms Bracha, or they can submit a further affidavit or statement and a hearing will be arranged a week later.

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