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Another approach to inventive step

The person skilled in the art is a key figure in the problem solution approach. A lot of case law has developed around this fictive character, see for example here.

Recently I came across a written opinion where the examiner apparently used another character for determining the presence of an inventive step.

This person appears to be dead which makes it very easy to come to the conclusion that an invention involves an inventive step. More in particular, as far as I know a dead person cannot do anything and also does not know anything ..... I'm thus very surpised why this examiner did not allow claim 1.........

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