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RULE
10 EVIDENCE
Section 1. Evidence
required. Substantial evidence shall be sufficient to support
a decision or order.
A fact may
be deemed established if it is supported by substantial evidence.
It means such relevant evidence which a reasonable mind might accept as
adequate to support or justify a conclusion.
Section 2. Ex-parte
evidence. In addition to sworn statements, testimonies and
documentary
evidence submitted by the parties, the Hearing Officer may receive ex
parte
evidence material and relevant to the case or conduct an ocular
inspection
without prior notice to the parties. All ex parte evidence
received
by the Hearing Officer shall be reduced to writing and any party in
interest
shall have the opportunity to examine and rebut the same by further
evidence.
Section 3. Burden
of proof in process patents. If the subject matter of a
patent
is a process for obtaining a product, any identical product shall be
presumed
to have been obtained through the use of the patented process if the
product
is new or there is substantial likelihood that the identical product
was
made by the process and the owner of the patent has been unable despite
reasonable efforts, to determine the process actually used. In
ordering
the defendant to prove that the
process
to obtain the identical product is different from the
patented process, the Director shall adopt measures to protect, as far
as practicable, his manufacturing and business secrets. [Sec.
78, R. A. 8293]
Section 4. Power
to stop further evidence. The Hearing Officer may stop the
introduction
of further testimony upon any particular point when the evidence upon
it
is already so full that more witness to the same point cannot be
reasonably
expected to be additionally persuasive. The Hearing Officer,
however,
should exercise this power with caution so as not to cause manifest
injustice
to the parties.
Section 5. Equitable
principles to govern proceedings. In all cases involving
Trademarks,
the equitable principles of laches, estoppel, and acquiescence where
applicable,
may be considered and applied.
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