T 2660/18 (Developing rod patterns in nuclear reactors/GLOBAL NUCLEAR FUEL-AMERICAS) vom 07.12.2021

Inventive step - main, first and second auxiliary requests (no)

In case T 625/11, the board concluded that the determination, as a limit value, of the value of a first operating parameter conferred a technical character to the claim which went beyond the mere interaction between the numerical simulation algorithm and the computer system. The nature of the parameter thus identified was, in fact, "intimately linked to" the operation of a nuclear reactor, independently of whether the parameter was actually used in a nuclear reactor (T 625/11, Reasons 8.4).
The board is of the opinion that, in the case at hand, no technical effect is achieved by the method's functionality as the method merely produces a test rod pattern (i.e. a fuel bundle configuration) design and data "indicative of limits that were violated by the proposed test rod pattern design during the simulation".
Contrary to case T 625/11, no parameter is identified that is "intimately linked to" the operation of a nuclear reactor.
A rod pattern design appears to have non-technical uses such as for study purposes. These are "relevant uses other than the use with a technical device", and therefore a technical effect is not achieved over substantially the whole scope of the claimed invention (G 1/19, points 94 and 95).
The data "indicative of limits that were violated by the proposed test rod pattern design during the simulation" do even not, or at least do not entirely, reflect the physical behaviour of a real system underlying the simulation (see G 1/19, point 128).
The board notes that, due to the breadth of the wording of claim 1 of the main request, the obtained rod pattern design might violate any number of limits by an almost unlimited amount.
Hence, this is not an "exceptional case" in which calculated effects can be considered implied technical effects (see decision G 1/19, points 94, 95 and 128).