T 0967/16 - Expectation of success

 Key points

• The Board, on inventive step: “The key question to be answered in the present case is whether there was a reasonable expectation of success []. [The] expectation of success depends on the complexity of the technical problem to be solved. Whilst for very ambitious problems important difficulties might be expected a priori, less ambitious problems might normally be associated with a higher expectation of success.”, citing recent decision T 0688/14 of the same Board and CLBA I.D.7.1.

EPO T 0967/16 - link

10. The key question to be answered in the present case is whether there was a reasonable expectation of success (cf. "Case Law", supra, I.D.7, 200). According to the established case law, the expectation of success depends on the complexity of the technical problem to be solved. Whilst for very ambitious problems important difficulties might be expected a priori, less ambitious problems might normally be associated with a higher expectation of success (cf. "Case Law", supra, I.D.7.1, 200; inter alia, T 688/14 of 24 July 2019, point 25.2 of the Reasons).