Consider the following two hypothetical inventions in Requirements Engineering/Capabilities:4
The state of the art is contained in the requirements engineering literature as a whole but has links to psychology, sociology, and may be business administration. The technical content is likely to be rather non-technical, e.g., a method to let prospective users write stories how they expect the system to behave. The inventive step might be the specific format of the story cards or the use of social techniques. A person skilled in the art will have a background in requirements engineering, and in particular knowledge elicitation and interview techniques. An infringement may, for instance, be an interview technique that uses an essential part of the inventive step.
The state of the art is here that part of the requirements engineering literature that is devoted to methods and techniques. The technical content amounts to the specific aspects of interviews that are administrated and handled by the tool. The inventive step might be the specific views that are given on the interviews, e.g., statistics that show how well the use cases have been covered by different user groups. A person skilled in the art might be either a requirements engineer or a tool builder. A typical infringement is a tool with the same functionality as the inventive step.