(1) If a ground relied on in a notice of appeal from a decision of the Commissioner under the Patents Act is that the invention is not a patentable invention because information about the invention has become publicly available in a document, or through the doing of an act or thing, the ground must include the following particulars:
(a) for a document--the time when, and the place where, the document is claimed to have become publicly available;
(b) for an act or thing:
(i) the name of the person alleged to have done the act or thing; and
(ii) the period within which, and the place where, the act or thing is alleged to have been done publicly; and
(iii) particulars that are sufficient to identify the act or thing; and
(iv) if the act or thing relates to apparatus or machinery--particulars of whether the apparatus or machinery exists and, if so, where it can be inspected.
(2) If the claim of the complete specification of a patent is that the invention concerned is not useful, the ground must include particulars:
(a) of any example relied on that the invention cannot be made to work; and
(b) specifying how it is alleged that it does not work as described;
(i) at all; or
(ii) as described in the specification.