T 0351/19 of 23.06.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T035119.20220623
- Date of decision
- 23 June 2022
- Case number
- T 0351/19
- Petition for review of
- -
- Application number
- 15183537.8
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- AUTOMATED SESSION CLOSING UPON LOCATION-SENSED DEPARTURE
- Applicant name
- NCR Corporation
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 52(1)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Inventive step - main request (no)
Late-filed auxiliary requests - admitted (no) - Catchword
- According to the Comvik approach the non-technical features of a claim may be incorporated into a goal to be achieved in a non-technical field. Subsequently, the approach invokes what might be described as the legal fiction that this goal, including the claimed non-technical features, would be presented to the skilled person, who would be charged with the task of technically implementing a solution which would achieve the stated goal. The question whether the skilled person would "arrive" at the non-technical features does not therefore arise, as these features have been made known to the skilled person, as part of the goal to be achieved. The relevant question for the assessment of inventive step is whether it would be obvious for the skilled person to implement a technical solution corresponding to the claimed subject-matter (Reasons, point 3.12).
- Citing cases
- -
Order
For these reasons it is decided that:
The appeal is dismissed