T 0519/12 - Technical standards and inventive step

EPO Headnote

It is expected from the skilled person that he would exercise his skills in the framework of technical Standards in force in his field of activity. No inventive activity can thus be derived from a feature that simply reflects the content of such a technical prescription (cf. point 3.5).

Comments

• It is not entirely clear to me, why the Board does not follow the standard problem and solution approach, and does not identify the technical effect of the distinguishing feature, and does not formulate an objective technical problem (i.e. compliance with the standard, or e.g. providing an alternative).

EPO T 0519/12 - link




Reasons for the Decision

[] 3.4 The embodiment referring to the incorporation of a microchip as a card feature is considered to define the most promising starting point (closest prior art) when deciding on the inventive merits of the claimed invention since it reproduces the functionalities of the claimed transaction card.

It follows that the subject-matter of claim 13 differs from the card disclosed in D1 only in that the second pocket is disposed on the first surface of the card.

Similarly, the method of making the transaction card of claim 1 differs from the method disclosed in D1, in that the second pocket is milled on the first surface of the transaction card.

3.5 The presence of the second pocket for receiving the microchip on the first surface of the transaction card does not justify the presence of an inventive step since it results from requirements contained in said International Standard ISO/IEC 7816-2:2007(e). Specific reference is made to section 5 ("Location of contacts relative to other technologies") where it is specified that "Embossing (ISO/IEC 7811.1) when present, shall be located on the same side as the contacts". No inventive activity can be recognised with regard to this technical prescription. It is expected from the skilled person that he would exercise his skills in the framework of technical Standards in force in his field of activity. No inventive activity can thus be derived from a feature that simply reflects the content of such a technical prescription.

3.6 Consequently, the subject-matter of claims 1 and 13 of the main request does not involve an inventive step in the sense of Art. 56 EPC 1973.