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In this case, Foldi, a German scientist, wrote a thesis and submitted it to Freiburg University in Germany concerning subject matter pertinent to a patent application. The thesis was submitted in late 1977, and was available in the catalog to the general population of the university. The patent was rejected because the invention was available before February 27, 1979. The appellant claimed that by virtue of hazy bookkeeping records, the library could not prove that the thesis was available to the public before the critical date; in addition, he argued that one thesis available in one university in Germany does not constitute

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