T 0132/02 (Management pattern/IBM) of 21.06.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T013202.20050621
- Date of decision
- 21 June 2005
- Case number
- T 0132/02
- Petition for review of
- -
- Application number
- 95304215.7
- IPC class
- G06K 7/14
- 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
- Two dimensional management pattern
- Applicant name
- International Business Machines Corporation
- Opponent name
- -
- Board
- 3.5.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973
- Keywords
- Functional features in product claims
- Catchword
- A functional feature in a product claim should be construed as an implicit definition of those structural features which are necessary to achieve a particular effect when the product is used or applied in accordance with the teaching inherent in the claim; the effect to be achieved and the use should be disclosed in the application. The capability of attaining such a particular effect may thus be considered as an implicit feature of the product itself, even if the realization of the particular effect requires a particular use or interaction with another product, system or apparatus, provided that such use or interaction are disclosed in the application.
- Cited cases
- T 1194/97
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance for further prosecution.