T 0015/15 - Skilled person and new technology

Key points

• The Board comments on the skilled person in this case. 
• " [W]here a new technology is about to spread into a traditional field, it is common practice to group people from both technical fields into a development team. The Board is thus of the opinion that the skilled person in the present case consists of a team of an orthodontist and an expert in CAD/CAM technology. This conclusion is drawn from the situation in the field before the filing/priority date, without considering any specific invention. "

EPO T 0015/15 - link

4.4 The skilled person

In the early nineties, use of computers in planning and manufacturing was spreading into basically every industry and field of technology. As evidenced by e.g. E30, column 2, line 64-68 or E12, page 540, first paragraph of the introduction, the field of dentistry and orthodontics was no exception. Thus, also the specialist in the field of dentistry and orthodontics was aware of the new technology and its potential for improved quality and cost efficiency.

In such a situation, where a new technology is about to spread into a traditional field, it is common practice to group people from both technical fields into a development team. The Board is thus of the opinion that the skilled person in the present case consists of a team of an orthodontist and an expert in CAD/CAM technology. This conclusion is drawn from the situation in the field before the filing/priority date, without considering any specific invention. There is thus no element of hindsight involved.