Key points
- As for difference (a), although document D3 does not disclose any other "middleware function" such as firewall or encryption/decryption functionality, these types of functionality are well known in the art. In the context of document D3, a cloud-computing provider's decision to provide such functionality on an optional basis and configured in accordance with the tenants' individual preferences (as negotiated in per-tenant policy agreements or "contracts") is a non-technical business decision.
- It's been a while since we saw the CardinalCommerce business person on this blog. Apparently, he/she/they moved on from insurance, gambling and tax advice to cloud computing services.
- "the problem-and-solution approach as developed in the case law of the board of appeal is not a mechanistic tool for assessing inventive step but should rather be seen as a useful framework which can help answering in an objective manner the question whether, having regard to the state of the art, the skilled per son could and would have arrived at the invention. The problem-and-solution approach must be applied having in mind the purpose of Article 56 EPC, which is to prevent a patent from being granted on routine or otherwise obvious modifications of what, at the effective filing date, had been available to the public. "
EPO
The link to the decision can be found after the jump.
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