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EPO rejects Microsoft's patent appeal on virtualized hardware access system

( December 3, 2024, 13:24 GMT | Official Statement) -- MLex Summary: Microsoft Technology Licensing's appeal against the refusal of their patent application for virtualized hardware access was rejected by the European Patent Office's Boards of Appeal, or BOA. Earlier, the Examining Division of EPO had rejected the patent application due to the lack of inventive step and said auxiliary requests by Microsoft did not go far enough to cure the deficiency. Affirming, the BOA said that in arguing that a person of skill in the art would not understand a "hypervisor" to mean a host controlling physical hardware, Microsoft appears to conflate "host machine" with "host operating system." Moreover, the BOA ruled, Microsoft's auxiliary clarification that "the mapping function of the overlay and the requirement that the direct access functionality is actually used by the virtual machines" is not enough to overcome the EPO's rejection. The decision is attached. ...

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