This decision relates to opposition proceedings against a European patent in the field of 3D Printing. The patent was maintained as amended according to auxiliary request VII based on the interlocutory decision of the opposition division. However, the Board of Appeal (Board 3.2.05) eventually revoked the patent.

Here are practical takeaways from the decision T 0225/19 () of 17.10.2022:

Key takeaways

When assessing the technical character of a feature relating to cognitive content displayed to the user of a graphical user interface, the main points to be clarified are clarifications whether the user interface and the way in which the cognitive content is presented credibly support the user in the execution of a technical task through constant and guided human-machine interaction.

The invention

The invention relates to a method for producing a three-dimensional component by a laser melting process, in which the component is produced by successive solidification of individual layers of building material solidifiable by the action of radiation by melting the building material. In addition, the invention also relates to a device for carrying out this method and to the use of a visualisation device for the two-dimensional or multi-dimensional representation of component regions of components produced generatively by the action of radiation on powder-like building material with regard to their component quality.

 

Figure 2 of EP2598313

Here is how the invention was defined in claim 1:

  • Claim 1 (main request = auxiliary request VII of the opposition proceedings, added numbering of the features)

  • Claim 1 (original version in German)

Is it patentable?

The Board found that the subject-matter of claim 1 differs from the method known from document E1.3 by features 1.4 to 1.6.

However, feature 1.5 was found non-technical and was not taken into consideration for inventive step:

13.4 According to the decisions T 336/14 and T 1802/13 mentioned by the respondent in this context, when assessing the technical character of a feature relating to cognitive content displayed to the user of a graphical user interface, the main points to be clarified are clarifications whether the user interface and the way in which the cognitive content is presented credibly support the user in the execution of a technical task through constant and guided human-machine interaction (T 336/14, reasons for decision 1.2.4; T 1802/13, reasons for decision 2.1 .5). The technical effect is deemed to have been credibly achieved if the user’s support in performing the technical task is objective, reliable and causally linked to the feature. However, the present case does not deal with user interfaces. The representation of the sensor values ​​only serves to evaluate the component quality (see feature 1.3 and paragraphs [0007], [0022], [0027] of the patent). There is no indication that the viewer of the two-dimensional or three-dimensional image uses the knowledge gained from it in a targeted and uninterrupted manner to adjust the process parameters. Therefore, the decisions mentioned cannot support the Respondents’ point of view. It cannot be seen that the viewer of the two- or three-dimensional image purposefully and continuously uses the knowledge gained from this to adapt the process parameters. Therefore, the decisions mentioned cannot support the Respondents’ point of view. It cannot be seen that the viewer of the two- or three-dimensional image purposefully and continuously uses the knowledge gained from this to adapt the process parameters. Therefore, the decisions mentioned cannot support the Respondents’ point of view.

13.5 For these reasons, no technical effect can be ascribed to the feature that the sensor values ​​are “displayed in [a] two-dimensional and/or multi-dimensional representation in relation to their detection location in the component”, so that it is not taken into account in the examination of inventive step (cf. the Comvik approach based on decision T 641/00; OJ EPO 2003, 352).

Hence, the Board found that the relevant distinguishing features are as follows:

– “[1.4] wherein the sensor values ​​recorded to evaluate the component quality [are] stored together with the coordinate values ​​locating the sensor values ​​in the component (1) and”

– “[1.6] wherein the coordinates of the sensor values ​​are assigned via scanner data”.

In the end, the Board stated that it was obvious to the person skilled in the art, based on document E1.3, to assign the coordinate values ​​of the individual scanning locations available for controlling the scanner to the sensor values ​​recorded at these locations and thus to determine the position of the sensor values ​​in the component in a two- or three-dimensional representation. The solution according to features 1.4 and 1.6 is therefore suggested starting from document E1.3, taking into account general knowledge.

Consequently, the subject-matter of claim 1 was found not to involve an inventive step within the meaning of Article 56 EPC. The auxiliary requests could not remedy this negative decision. Thus, the European patent was finally revoked.

More information

You can read the whole decision here: decision T 0225/19 () of 17.10.2022 of Technical Board of Appeal 3.2.05.

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