6. Les non-inventions visées à l'article 52(2) et (3) CBE

In T 799/24 the invention concerned a method and device for analysing optimisation of vehicle body joint position. The aim of the invention was to provide an analysis apparatus for determining an optimal location of an additional welded point to be added to a portion to join a part to an assembly of parts in consideration of the load acting on the automotive body and of the inertia force acting on a fitting or lid component of the automobile during driving. Claim 1 of the main request concerned an "arithmetic processing unit" or a CPU together with a display device including elements which were computer-implemented or performed a "computer-implemented" method. The board noted that the first hurdle mentioned in decision G 1/19, which requires that the claimed subject-matter as a whole must not fall under the "non-inventions" defined in Art. 52(2) and (3) EPC, was overcome since claim 1 related to an "arithmetic processing unit" together with a display device.

The second hurdle, mentioned in decision G 1/19, is where, as part of the inventive step assessment, it must be established which features of the invention contribute to its technical character, by providing a technical effect in the context of the invention as a whole..

According to the board, the formulation in claim 1 of the main request that additional welded point(s) were "to be added" to the automotive body to improve its stiffness during driving at least implicitly specified a further technical use. The board considered it implicit from claim 1 that the additional welded points of which the locations were determined would be added to the automotive body.

In the board's view, since the use of the analysis results was defined in the claim as being "for automotive body designing", leaving it open which further steps, technical or not, were to be performed with the analysis results, a potential further selection of a particular automotive body might also be based on the visual characteristics or appearance of the automotive body. However, the board was of the opinion that the selection of the automotive body was, in addition, also restricted to the selected additional welded points to be added to the automotive body.

The board noted that the optimisation analysis on the welding candidates applied at least one of the load, of which magnitude and direction were different at each joining portion. An additional welded point or an additional welded location that satisfied the optimisation analysis conditions, including maximising absorbed energy, was selected.

The analysis results used in the automotive body designing were, for example, "automotive body displacement amount". The possible use by the user of the displayed analysis results might be a cognitive exercise such as selecting the automotive body corresponding to the lowest displacement amount (G 1/19), but the board considered that the step of selecting the additional welded points contributed to the technical character of the invention.

The board further noted that the additional welded points of which the locations were determined or selected were "to be added to the automotive body" ("to improve the stiffness of the automotive body during driving"). In the board's view this wording at least implicitly specified a further technical use (G 1/19)..

The board considered that, even if the automotive body was a "prototype" and the additional welded points were added to this "prototype", this "prototype" would still be a physical object having at least some of the features of an automotive body.

The board noted that the Enlarged Board in G 1/19 required a simulation to be "accurate enough" or a simulation that reflects "reality" "accurately enough". In the present case, the automotive model constituted by the automotive body frame model and the chassis model together with the welded points at the joining portion(s) was considered by the board to reflect an automotive body (as "reality") "accurately enough". The board concluded that the subject-matter of claim 1 and dependent claim 2 of the main request involved an inventive step.