Inventive step (alternative formulation of problem) and ‘old’ closest prior art: whether to admit an auxiliary request filed at the end of the oral proceedings

摘要

The case law on the circumstances when a patent applicant or patentee may reformulate the technical problem to be solved as set out in the description when considering inventive step is reviewed. The decision also looks at how the Board exercises its discretion under Article 10b Rules of Procedure of the Boards of Appeal (‘RPBA’) on whether to admit an auxiliary request filed for the first time at the oral proceedings.