21.2. Satisfied: Meaning of ‘satisfied’

For an examiner to be ‘satisfied’, they must be persuaded that something is more likely than not. The decision-making process is inherently subjective. As such, the decision must be guided by the surrounding circumstances and any relevant evidence. The reasons for the examiners decision must be more persuasive than the reasons for reaching the opposite conclusion.  
 

Evidence is particularly relevant when assessing a design against the familiar person / informed user standard, as the examiner will often be basing their selection of the familiar person / informed user on their personal experience. 
 

However, the examiner’s personal experience does not define that standard. If the owner challenges the standard of the familiar person / informed user that the examiner has applied (e.g. if they express a different standard with supporting evidence), the examiner will need to substantiate their views of the standard by providing evidence (e.g. search results).

 

A mere assertion by the examiner does not constitute evidence. An examiner may have an opinion about certain facts – and in the first instance they might issue a report based on that opinion. However, if there is a counterargument, the examiner will need to substantiate their objections by showing evidence (e.g. by showing search results). If an examiner maintains their objections based on personal belief unsubstantiated by objective evidence, they may be open to criticism for bias.