T 0619/05 (Facilitating transactions in diamonds/DIAMONDS.NET) of 28.02.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T061905.20080228
- Date of decision
- 28 February 2008
- Case number
- T 0619/05
- Petition for review of
- -
- Application number
- 98938001.9
- IPC class
- G06F 17/60
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Data processing system and method for facilitating transactions in diamonds
- Applicant name
- Diamonds.Net LLC
- Opponent name
- -
- Board
- 3.5.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 21 1973European Patent Convention Art 52(2)(d)European Patent Convention Art 56 1973
- Keywords
- Addition of non-technical subject-matter (not decided)
Inventive step (no) - Catchword
- 1. The term "subject-matter", without a qualifier, seems to indicate that Article 123(2) EPC applies to non-technical as well as technical subject-matter. Thus, also any amendments concerning non-technical subject-matter should be derivable from the patent application as filed.
2. Since the members of a board of appeal are only required to be technically (or legally) qualified under Article 21 EPC, it will be up to the applicant (or patent proprietor) to provide evidence permitting a board to determine to its satisfaction how a person skilled in the relevant non-technical field would interpret the original patent application and the application (or patent) after amendment (see points 2.2 to 2.4 of the Reasons). - Cited cases
- T 0641/00
ORDER
For these reasons it is decided that:
The appeal is dismissed.