T 0858/02 (Structured voicemail messages/LUCENT) of 12.08.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T085802.20050812
- Date of decision
- 12 August 2005
- Case number
- T 0858/02
- Petition for review of
- -
- Application number
- 00304079.7
- IPC class
- H04M 3/533
- 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
- Structured voicemail messages
- Applicant name
- Lucent Technologies Inc.
- Opponent name
- -
- Board
- 3.5.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(2)(d) 1973European Patent Convention Art 84 1973
- Keywords
- Presentation of information - no
- Catchword
- 1. When considering the nature or category of a claimed invention attention must be paid to the substance of what is claimed, rather than only taking into account how the claimed subject-matter is designated, which can be deceptive.
2. An electronic message is not automatically excluded from patentability under Article 52(2)(d) EPC as a presentation of information. This will depend on whether the message is defined by its structure or its content. - Citing cases
- T 0144/11
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the examining division for further prosecution.