handwerkliche Handeln

English translation: workmanship

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:handwerkliches Handeln
English translation:workmanship
Entered by: Tony Smith (X)

19:02 Aug 16, 2011
German to English translations [PRO]
Tech/Engineering - Patents
German term or phrase: handwerkliche Handeln
Sentence: "Die abhängige Ansprüche xxxx betreffen Merkmale, die im Rahmen rein handwerklichen Handelns liegen."

This is from a Written Opinion relating to a patent for a refrigerator. The term looks as though it ought to have a standard translation in English as a "patentese" term but I've searched the various regulations and can't find it. Can anyone help?
Louise Gough
United Kingdom
Local time: 07:05
workmanship
Explanation:
Without adequate context, a guess answer is all I may dare.
Selected response from:

Tony Smith (X)
Grading comment
Many thanks!
4 KudoZ points were awarded for this answer



Summary of answers provided
3person skilled in the art
Patrick White
3mechanical
Alison MacG
1 +1workmanship
Tony Smith (X)
2artisan trade/craftsman trade
Ramey Rieger (X)
Summary of reference entries provided
handwerkliches Handeln
Kim Metzger

Discussion entries: 6





  

Answers


41 mins   confidence: Answerer confidence 1/5Answerer confidence 1/5 peer agreement (net): +1
handwerkliches Handeln
workmanship


Explanation:
Without adequate context, a guess answer is all I may dare.

Tony Smith (X)
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Many thanks!

Peer comments on this answer (and responses from the answerer)
agree  John Speese: Craftsmanship is what occurred to me when I first saw the term but this is good too.
1 hr
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
person skilled in the art


Explanation:
Even though "handwerkliches Handeln" is not the normal term used for it, this could mean here "the features ... are within the knowledge of a person skilled in the art", ie are not novel. The context should clarify whether this is a possibility.

Patrick White
United Kingdom
Local time: 07:05
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2
Notes to answerer
Asker: I did give this serious consideration since the claims are indeed not novel and do not involve inventive step. The only reason I didn't go with it is because the German seems slightly unusual.

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13 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
artisan trade/craftsman trade


Explanation:
perhaps

Example sentence(s):
  • ....which pertain to the artisan/craftsman trade
Ramey Rieger (X)
Germany
Local time: 08:05
Native speaker of: English
PRO pts in category: 4
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15 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
mechanical


Explanation:
The idea is that these are mechanical or routine features within the normal competence of the person skilled in the art, i.e. he could carry them out without having to think about them and so they are not inventive or do not involve an inventive step.

One possible way of phrasing the sentence might be:
The dependent claims relate to features that consist of purely mechanical measures.
Or even perhaps:
The dependent claims relate to features that are purely a matter of routine.

Although the standard patent dictionaries do not list "handwerkliches Handeln", both Uexküll/Reich and Klaften/Wittmann/Klos offer
"handwerkliches Können" - mechanical skill
Klaften/Wittmann/Klos also offers:
inventions of such a kind arise usually from mechanical routine – derartige Erfindungen (f) pflegen sich aus der mechanischen Tagesarbeit zu ergeben, sind nur “handwerksmäßige Maßnahmen” (f, pl)

Unfortunately, I can't find any nice parallel texts in support, but here are a few EPO references.

The additional features of claims 1 and 2 of the first auxiliary request are purely mechanical measures a person skilled in the art performs on the basis of his ordinary skill and with the help of the disclosure of document E2. Thus, also the subject-matter of claims 1 and 2 of the first auxiliary request lacks an inventive step.
http://www.epo.org/law-practice/case-law-appeals/recent/t010...

und stellt eine unerläßliche, rein handwerkliche Maßnahme dar.
and represents merely an indispensable, but purely mechanical measure.
http://archive.epo.org/epo/pubs/oj1984/p467_548.pdf

What particular difficulties do courts and patent examiners face in assessing inventive step?
Thus it might well be obvious, as the result of a purely mechanical act, to obtain ESTs, where their use is only as a probe (there being no unexpected technical effect in hybridising to the opposite strand of DNA).
https://www.aippi.org/download/commitees/150/GR150united_kin...


Alison MacG
United Kingdom
Local time: 07:05
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12
Notes to answerer
Asker: Many thanks for this detailed answer, Alison - I've plumped for the "workmanship" option but can see that your suggestion has plenty of merits and I would probably use it in a different context. I have to say that the use of "handwerklich" does seem to be quite problematic here.

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Reference comments


16 mins
Reference: handwerkliches Handeln

Reference information:
Here's an extract from a subscriber only site. I think the last is "Produktes"

www.springerlink.com/index/qp337w713657rn08.pdf
by K Gramelt - 2010
„Handwerkliches Handeln konzentriert sich auf die machende, gestaltende Ver- änderung der äußeren Natur mit dem Ziele der Herstellung eines nützlichen Pro- ...

Kim Metzger
Mexico
Native speaker of: Native in EnglishEnglish
PRO pts in category: 39
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