It would be my opinion that the listing was based on the definition that was in the 2005 code and that you would have to use that definition for the application of that panel.
Thanks - that was easy, right?
In general I haven't seen that the panel instructions indicate which version of NEC it is listed against. Presumably one would take the most recent that had the definition - the 2005?
Is this a general rule - that the version of the NEC that was in effect when a product was listed is the one that is used for determining the applicability of the listing? That would seem reasonable, though possibly somewhat confusing. In this case it may be obvious because the definitions have been removed, but what about cases where articles are modified?
This would also seem to be somewhat of a concern if new NEC requirements would cause a panel (or other equipment) to not be listed for a given application, but since the panel was listed under a previous NEC where such an application was allowed, it would be allowed under the current cycle?
Is there some kind of "more permissive" or "less permissive" rule that may come in to play? For example, in this case if there is a restriction that one might argue doesn't apply under 2008, but did apply when the panel was listed, that restriction would hold over to the application under 2008 - not the more permissive 2008 allowance. However, if 2008 had added a restriction that wasn't present in 2005, then the 2008 restriction would apply?