T 258/03 - Reasoning On Inventive Step

Reasoning On Inventive Step

Although the claims were held to be inventions within the meaning of Article 52(1), (2) and (3) EPC, they were found to lack inventive step. The application was refused.

More precisely, the invention was viewed as a mixture of technical and non-technical features, and was assessed with respect to the requirement of inventive step by taking account only the features which contributing to a technical character (in accordance with the principles of T 641/00). No step of the claimed method was found to be designed "in such a way as to be particularly suitable for being performed on a computer" so that it may have contribute in a technical manner to inventive step. A particular method step which may have been a candidate involving technical contribution was found by the Board to result from "a routine programming measure well within the reach of the skilled person".

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