27 October 2020

T 0534/17 - Youtube as prior art in opposition

 Key points

  • In this opposition case, D1 is: "D1: DVD with the YouTube video "Carl Zeiss Scanning Technology", youtube.com/watch?=v=XqtVzAqWHFw, 29 June 2009, together with a screen dump of the video dated 7 May 2015 (document D1a), a printed sequence of pictures of the video starting at 4:59 (document D1b, 331 pages), and an affidavit by J. Lewis dated 18 June 2015"
  • "The appellant [opponent, a Carl Zeiss entity] has also disputed the opposition division's finding that the subject-matter of claim 1 was new over the video shown in D1 [.] It has been undisputed on appeal that the video D1 was rendered available to the public before the priority date of the contested patent and that the video (see in particular the sequence starting at time 4:59 of the video and the corresponding screen shots shown in document D1b) displays the movement of a probe along a circumference of the inner cylindrical surface of a hollow object ...."
  • The Board considers the claim to be novel because of some oblique off-set movement (if I understand it correctly). 
  • The Board about inventive step over D1: "Therefore, the claimed method does achieve a technical effect and solves the objective technical problem of reducing the computational complexity in the processing of the measurement data. In addition, as noted by the respondent, there is no teaching provided by the video D1 as to the reasons for the offset movement shown in the video and the technical significance thereof, and the skilled person would have no motivation to consider modifications of the movements shown in the video."
  • I didn't check the file to see how the patentee was provided with the Youtube movie and whether it was played during the oral proceedings before the Board. 

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