Paper C 2026 – our provisional answer.

 

Today was the last EQE exam in the format that we are all used to. They chose a particularly nice paper to finish off with. Nyske, Nico, Joeri and I did the paper; our answers were all the same. Part 1 was a bit easier than Part 2, which had a few more unusual features. Time wise, the paper seemed doable.

 

Part 1

Claim 1 was directed to a device for purifying air. We attacked it under inventive step starting from the Sondy Purifier Cool, which was sold in spring 2019 and shown in A2. The missing feature is the use of sound insulation material which is disclosed in A4.

Claim 2 is dependent on Claim 1, but since it has a priority loss, we have the additional document A3. Claim 2 is not novel over A3. An interesting aspect is that Claim 2 is directed to a “Device for purifying air” while A3 discloses a “vacuum cleaner”.

Can we regard a vacuum cleaner as an air purifier? We think yes, for two reasons. First, A3 mentions that it removes dust from "air containing dust", and so air is purified. Second, A1 makes a distinction between a “device for purifying air” and an “air purifier”. The latter is just an example of the former. So A1 also sees the claim category device for purifying air as broader than just air purifiers.

Claim 3 depends on Claim 2 and also has a priority loss. This allows one to continue the novelty attack as an inventive step attack, starting from document A3. We end up with two distinguishing features; one is the type of particles in the sound insulation material, and the other is an optical navigation unit. They do not have a synergistic effect, and so we can use partial problems. The sound insulation particles we got from A4. The optical navigation unit comes from A5.

 

Part 2

In Part 2 we get a new document, A6. Note that the applicant of A6 is the same as the opponent of A1. It is easy to mistake this for a potential first application situation. Fortunately, even if you fell for this, the first application issue does not pan out, as A6 does not disclose any of the Part 2 claims.

Claim 4 was one of the harder attacks to find. The available documents for Claim 4 are: A2, A4, A5, A6, and A7. Starting from A2 will not work, as the Sondry Purifier Cool is not related to dust and seems too heavy to turn into a mobile device. A4 is tempting, as it has a pet robot that measures dust concentration. However, the pet robot is not a moving air purifier and cannot be adapted into one—the device is too small, and the sensor is not compatible. A5 is in the wrong field—humidification instead of air filtering—so it cannot be used as a starting point. A7 does not disclose a sensor. That leaves A6 as a starting point.

A6 measures dust concentration using sensing stations, and not in the moving air purifier. This is the same situation as in A5 but for humidifiers. A5 teaches moving the humidity sensor into the robot.

Claim 5 can be attacked starting from document A4. The final two features of Claim 5 are not disclosed in A4:

- generating a virtual map of the dust concentration in the indoor space;

- causing a screen of a user interface to display the generated virtual map

 

These features do not serve a technical purpose. In particular, the user does not use the map to control the device. Merely computing information, even if displayed, that does not serve a technical purpose cannot make the claim inventive—this is G 1/19.

 

Claim 6 turns out to have the same distinguishing feature as Claim 5 when starting from A4, so it is not inventive for the same reasons.

 

Claim 7 has an optional feature. The client instructs us to attack both versions. Claim 7 without the optional feature is not novel in light of A7.

Claim 7 with the optional feature is more difficult. The optional feature is to recharge “when the battery level is below a first threshold, the first threshold being 20%”.  Starting from A7, the problem of extending battery life leads us to A3, which teaches recharging at 18%.

A wrong argument for dealing with Claim 7 would be to say that, since the obvious combination of A7+A3 charges at 18%, and 18% is below 20%, a point within the range of Claim 7 is disclosed.

This is incorrect, since the correct interpretation of Claim 7 is that charging starts as soon as the battery level is 20%. This must be the required interpretation, since otherwise recharging at, say, 1% would also fall under Claim 7. Such an interpretation would not have the effect of avoiding deep discharge, so this cannot be what is meant.

Thus, we are not done yet after combining with A3. The correct approach would be to notice that 18% is different from 20%, but that the values are close and the technical effects are the same. The skilled person would optimize the exact threshold for A7 as a workshop modification.

 

Claim 8 contains the feature “to recharge when the battery level is below a first threshold or when a measured dust concentration is below a second threshold”. Although this looks like an or-claim, the intended reading of Claim 8 is that we have a single device triggered for recharging when either condition is met. It is also possible to read Claim 8 as covering two devices: one in which recharging is triggered by battery level, and one in which it is triggered by dust concentration.

The intended reading is added matter in its entirety. The alternative reading would need two attacks: one is the same as the attack on Claim 7, and the other is added matter.

 

 

 

Comments

  1. Replies
    1. Same here. Although I somehow thought that the non optional feature in claim 7 also required A3 and I choose A6+A4 for Claim 6, because the mobile device in A4 was not the air cleaner, but rather only the monitoring device... This hopefully will not have cost me 50 marks ;)

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  2. Nice finish after a worrying start with paper D and A... Second week definetly better than first....

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  3. I found this to be my hardest paper C yet (after 3 attempts!) this year was my first year with just Paper C left to pass.

    As normal, I struggle with time in part 1. It's so challenging for me to get through A1 to A6, so I pleasently surprised when seeing A1 to A5. That surprise didn't go far when I still ended up with no time to attack claim 3, which I could see was partial problems. looks like I got my CPA wrong with claim 1 too, A4 +A2

    Into part 2 I really struggled with the "or" in claim 8, and in the haste of the moment treated it as two claims (a traditional 'or' for paper C so to speak) which ended up being harsh on time, but did lead to the same conclusion as claim 7 - I just then had to do the added matter on top, etc. I also really struggle to make my mind up on Claim 4 - i went with A4, and that clearly was the trap, I even remember reading the small container bit and it didn't click. I went with novelty on A4. Sadly.

    looks like I got the same as you guys on claim 5, but again I really spent alot of time looking for the features that were missing against A4. Claim 6 then followed.

    For claim 7 I got my CPA incorrect and went with A3+A7. that 2 for 2 on wrong CPA for me.

    here's hoping through the half decent attacks I did get right (albeit drawn out) have gained me 45 marks... !

    thanks team, maybe see you for M3 part 3.

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    1. Thanks for sharing. Time pressure is the big problem in C. Fingers crossed for the result.

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  4. why the feature"causing a screen of a user interface to display the generated virtual map" could not be considered as a technical features since the effect is "for user convenience" (A1, §21)?

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    1. In my opinion, user convenience is non-technical effect. Further, this feature relates to mere presentation of information.

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    2. It’s a presentation of information and does not lead to further technical acts happening

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  5. I also was happy that part 1 was easier to handle within the available time frame. In part 2, regarding Claim 1, I decided to make a attack by arguing that the claimed method is not patentable under to Art. 100 a) and 52 c) EPC.

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  6. When do you think the result will be released? End of june, july?

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  7. I included an attack towards a possible fall back position in claim 8, that would correct the 123(2) problem by changing "or" to "and". The object would then be disclosed by [25] and [26]. However it would still not be inventive over A7+A6.

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  8. I have found that non-technical feature must not be considered also for the assignement of novelty T154/04, so I attacked claims 5 and 6 over A4 for lack of novelty.

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  9. Regarding claim 7, unlike in previous years, I believe we do not need to consider the scenario in which the term “preferably” is deleted. First, the client did not ask us to attack the fallback position for this claim, which is typically the case when such an analysis is required. Second, the disclosure of “below 18%” cannot be matched with the claimed value of 20%, as it is considered “far removed.”
    According to the Guidelines, whether a value is “far removed” depends on whether the skilled person would seriously contemplate working within that range. Since A3 refers to values “below 18%,” the skilled person might reasonably consider values such as 17% or 16%, but would not consider values above 18%. Therefore, 20% lies outside the contemplated range and cannot be equated with the disclosure of “below 18%.”
    Additionally, selecting a value of 20% would not be regarded as routine work for the skilled person, since A1 indicates that this value is associated with a specific technical effect. It should also be noted that the earlier requirement that the selected value must achieve the same technical effect when assessing whether it is “far removed” has been removed from the Guidelines, based on more recent case law (around 2019–2020, as I recall).
    Therefore, the scenario in which “preferably” is removed cannot be attacked validly. Accordingly, it was sufficient to attack only the original version of claim 7.

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    1. Agree, client did not tell explicitly to attack the optional feature of claim 7

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    2. The client did ask us to attack any preferred options.

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  10. The most difficult paper C I’ve had so far. I did thouroughly enjoy it though. The pieces of the puzzle fell nicely together.
    Claim 4 was veeeeery tricky and required lots of definitions from various documents to support to IS attack.

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    1. Sounds like you are a frequent benchmarker?

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    2. hahahaha hardly! This is my 3rd try but this time i prepared really well and re-thought my whole methodology.

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  11. for claim 8 would you have anticipated an amendment where the two conditions are not made mututally exlcusive by the use of 'and' - basically what is in the last paragraph of a1?

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  12. By far the easiest paper C in a long time. Thanks all!

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  13. Happy to read your analysis of claim 8. I went for this, then I read people interpreting claim 8 as two options, and thought I was wrong. Well, we'll see.

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  14. Yes, this is essentially the same what I had.

    One small nitpick: Regarding claim 4, you end with "A5 teaches moving the humidity sensor into the robot." But I think the claim required a dust sensor in the robot. IIRC, A5 also taught to include 'other sensors customarily found in air conditioners', and A4 taught that air conditioners typically include dust sensors, which motivates adding the dust sensor to the robot.

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