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.
Agree 100%!
ReplyDeleteSame 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 ;)
DeleteNice finish after a worrying start with paper D and A... Second week definetly better than first....
ReplyDeleteI 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.
ReplyDeleteAs 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.
Thanks for sharing. Time pressure is the big problem in C. Fingers crossed for the result.
DeleteFingers crossed.
Deletewhy 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)?
ReplyDeleteIn my opinion, user convenience is non-technical effect. Further, this feature relates to mere presentation of information.
Delete:(
DeleteIt’s a presentation of information and does not lead to further technical acts happening
DeleteI also did exactly that
DeleteI did exactly the same thing using A4+A2... I completely missed the COMVIK approach, unfortunately. Does anyone know how this might be graded? Is there any chance of picking up partial marks for that?
DeleteI 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.
ReplyDeleteWhen do you think the result will be released? End of june, july?
ReplyDeleteI 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.
ReplyDeleteI 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.
ReplyDeleteI did the same and found a Case Law citation in general to support this. Non-tech features cannot be considered when assessing novelty or IS so I'm not convinced it's strictly an IS attack per se.
DeleteA novelty attack is valid when ALL of the technical features of the claim are disclosed in a prior art document, and the only distinguishing features are non-technical, albeit riskier in my opinion. It is generally easier to attack non-technical features with the Comvik approach.
DeleteRegarding 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.”
ReplyDeleteAccording 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.
Agree, client did not tell explicitly to attack the optional feature of claim 7
DeleteThe client did ask us to attack any preferred options.
DeleteWell, unfortunately, that's wrong. Removing preferably is not a fallback position, the claim scope is "first threshold, and optionally, the threshold is 20%". The claim scope already has two positions in it as granted, and so you very much needed to attack both. A fallback position is a narrower amendment but the claim already has both options in it.
DeleteAlso, the client letter did say to attack both
The most difficult paper C I’ve had so far. I did thouroughly enjoy it though. The pieces of the puzzle fell nicely together.
ReplyDeleteClaim 4 was veeeeery tricky and required lots of definitions from various documents to support to IS attack.
Sounds like you are a frequent benchmarker?
Deletehahahaha hardly! This is my 3rd try but this time i prepared really well and re-thought my whole methodology.
Deletefor 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?
ReplyDeleteBy far the easiest paper C in a long time. Thanks all!
ReplyDeleteDepending for who 😁
DeleteHappy 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.
ReplyDeleteYes, this is essentially the same what I had.
ReplyDeleteOne 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.
agree
DeleteYes. That's what we meant. You probably end up with the particle sensor of one of the sensing stations in A6 being put inside that nice large cartridge of the mobile air purifier.
DeleteI ended up with this attack in the last few minutes, but it didn’t feel clean.
DeleteI was trying to say you’d take the humidifying robot from A5, and use that in A6 with a particle sensor and somehow modify it to make it into an air purifier. I was looking everywhere to see if humidifying air could be considered as purifying air.
In the end I realised you’d probably just modify the robot of A6 by putting the particle sensor from A6 into that cartridge with space for electrical components (did it say somewhere that a sensor is an electrical component?), using A5 for inspiration. But it was a weird, and very unsmooth attack that didn’t feel natural at all.
They do like to make these papers difficult…
I know the intended solution for claim 2 was based on A3, but could there be any points in continuing from A2 + A4 and reasoning obviousness for the two wheels and wheel driving unit of claim 2? After all, the technical effect according to A1 is not surprising..
ReplyDeleteIn real life, this could work. In the exam, Both A1 and your D2 (A3, I suppose) would need to mention the technical effect underlying your OTP. Just being unsurprising is not enough. It needs to be expected in view of the facts provided by the documents. And it's difficult to argue that A2 (missing two features) is CPA, while A3 has it all.
DeleteThe Exam Committee always says that they do award points for well-argued alternative attacks, but they are intentionally vague about what alternatives attract points, or how many. I'm afraid you'll have to wait for the results to find out if this alternative is worth any marks.
I did the same, but also added a novelty attack for (the IT part of) claim 1 of A1, based on the priority doc for A3, which I assumed had been published, in the absence of any information to the contrary. I figured they would not have shown A1 to be designated for IT if they did not want this. Because this is a weak attack in view of R 138, I still did the IS attack from Sondy + A4 as well.
ReplyDeleteWe don't have any indication that this priority filing has been published, and we're not supposed to generate additional facts and context during the exam. An expected solution can never rely on all good candidates coming up with the same additional facts.
DeleteAlso, the EPC does not provide any basis for an Italian filing being used as a prior right. If it exists, you can use the Italian application to attack the Italian validation in Italy, but not in the EPO opposition you're preparing now.
Of course, you don't lose any marks by having an additional incorrect attack. And it won't have taken much of your time, because you had to write down those arguments for claim 2 anyway.
Are you Sure that no marks will be lost for an additional incorrect attack? In past papers, an IS attack with a 54(3) document was heavily penalized and in other parts only the weakest argument will score marks...
DeleteI can't give any guarantees of course, but Paper C uses a positive marking scheme. You get marks when you do the right things. It is not like A or B where they deduct marks for a claim lacking scope, novelty, or support. 'Heavily penalising' can never go beyond not giving marks for an attack and markers can't ignore correct attacks. Certainly not, when your incorrect attack is clearly an add-on to a well-argued correct one.
DeleteI can see reasons for not giving any marks for an accidentally (?) correct part of an incorrect attack. For example when you start with a 54(3) as CPA and take a missing feature from the intended document. But they can't give no (or fewer) marks for an attack they wanted you to write down, just because you argue something wrong elsewhere.
How did you manage to do an attack with the priority doc? It was filed first, published after claim 1 effective date, but an IT application is not 54(3), only EP applications. A3 and its priority document were therefore totally unavailable for claim 1
DeleteFor C4, I went for A6 + A4. On the face of it, it seems A4 teaches away but if you look carefully it says the dust sensors of the pet robot can't be incorporated with the Aircon due to turbulence. However, looking at A6 (can't remember para no. but Fig shows it too) the cartridge is entirely separate from the unit itself where the fan is and thus, any dust sensor would not be exposed to turbulence. To me, this provided a nicer "slot together" than A6+A5 as there are several motivations in A4 to incorporate the dust sensor into the moving device itself. Perhaps a bit of a stretch but I couldn't find any really good justification to incorporate the teachings of A5.
ReplyDeleteIn my opinion, claim 4 is primarily directed to integrating all components into a single device. Document A6 already discloses a dust sensor located in the fixed station. The remaining question is what would motivate the skilled person to incorporate it into a single device. In this regard, I believe that A5 provides a good motivation, particularly in view of the automation aspect.
DeleteWhen they say "unsuitable for installation in ANY kind of air treatment unit", you really need very explicit and convincing arguments from elsewhere to explain why the skilled person would try this anyway.
DeleteI was initially inclined to look for a dust sensor too. But the teaching away in A4 made me look for better solutions. When you realise that the CPA already has particle sensors, it becomes clear that you only need to find a document that tells you where to put them.
A1, [20] provides the effects for the OTP. A5, [5] and [11] make clear that A5 solves this OTP ("in all technical areas related to air treatment"). A5 [10] teaches that "the robot 500 may be provided with one or more sensors of the types commonly employed in air conditioning systems ...". So, the fact that A5 mainly talks about humidity sensors is not such a big problem.
Hi,
ReplyDeleteI have approximately the same answers except a few details here and there.
Regarding claim 4, A6 does have sensors in the different rooms. Why not putting the sensors of A6 into the moving part of A6? And say claim 4 is not inventive in view of A6 alone?
This is the modification you need, but you also need an incentive to do it. A5 tells you why (and how) to do this.
DeleteFirst part was very classical. One trap was to have a USPTO doc look exactly like a 54(3). Second part was more original in having only programs to attack. Plus the "preferably" feature in claim 7.
ReplyDeleteResults now? how many months?
ReplyDeleteJuly
DeleteThank you so much Delta Patents team for your support throughout the EQE!
ReplyDeleteYes, very appreciated, as always.
DeleteYes, really good C-course! Helped me a lot yesterday!
DeleteUnfortunately I missed "product release date" detail in the document A2. Therefore my attacks were not the intended answers. But they were all well consturcted, How does examiners usually approach this situation? Would I be getting any marks? I did all the correct attacks in part 2.
ReplyDeleteWell, A2 was ONLY used for claim 1 anyway, so you probably should have used other docs for claims 2 and 3 in part 1 anyway. If you used A2 for other claims in part 1, then it might not be the right attack and marks might be limited.
DeleteI've also missed this and wrote a novelty attack against claim 1 using A4 because the robot and the air purifiers are disclosed in A4 are a single system and work interdependently so they are considered one embodiment. Not sure if i'll get any marks for that one.
DeleteEPO generally wants the "best" and "strongest attack". While starting from A2 (for claim 1) leads to a good IS attack, but starting from A4 leads to a best novelty attack. In my view, novelty is indeed considered a better attack than IS. System of A4 = device of A1 and each and every feature is disclosed in A4 since most of the features are means-plus-function features. This even makes rotating means being disclosed in A4. So, agreeing with stefan, I did the same attack for claim 1. Thereafter for claim 2, starting from A2 might make a better IS attack since starting from A4 will also lead to inventive step attack. Any comments/views from anyone or DP?
DeleteNot from DP, but I would strongly disagree.
DeleteA4 discloses a system where we have the air purifier deployed as conditioners and robots to move around and collect environmental data. Those are two separate entities and their features cannot be transferred from one to another. Therefore, it would not be possible to attack the novelty of the claim as the claim encompasses features of the system disclosed in A4 and in a device (air purifier).
One alternative might be starting from A4 as CPA and combine with A5 and then invoke partial problems.
I also used A4 as CPA and combined it with A5 after missing the correct publication date of A2.
DeleteSimilarly I also made a novelty attack against claim 1 using A4 because the robot and the air purifiers are disclosed in A4 are a single system and work interdependently, so it's a single embodiments. Therefore A4 disclosed all the features in claim 1. Since a novelty attack is in place, I didn't try add an additional inventive step attack.
DeleteDoes anybody know, will this be highly penalized if I used in one attack a wrong D2-document together with the right CPA
ReplyDeletePersonnaly I would not have started from A3 regarding claim 3. While I fully agree that the vaccum cleaner of A3 can be regarded as device for purifying air, and therefore destroys novelty of claim 2, A3 cannot be regarded as CPA for claim 3, since nowhere it is mentioned in A3 that it is actually a device for purifying air. When choosing the CPA, the PSA would start from a document that describes the same objective, i.e. purifying air, not from a document that accidentally has the same effect. In other words, A3 is an accidental anticipation, and one cannot start from an accidental anticipation as CPA.
ReplyDeleteThat depends on how one would define the device for purifying air, and A1 provides a broad definition for this in itself, rendering the cleaner of A3 a device for purifying air. Thus, I would not say this is accidental since device of A3 has been acknowledged by A1 itself.
DeleteHi, any guess on how this paper will be marked ¿? In view of the last 5-6 papers, I expect no more that 10 marks for the general part because there were no priority issues. Part 2 should have a bit more weight I guess, around 50-55 marks. What do you guys think?
ReplyDelete