T 0914/02 of 12.07.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T091402.20050712
- Date of decision
- 12 July 2005
- Case number
- T 0914/02
- Online on
- 30 September 2005
- Petition for review of
- -
- Application number
- 97300544.0
- IPC class
- G21C 5/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Method for determining nuclear core loading arrangement
- Applicant name
- General Electric Company
- Opponent name
- -
- Board
- 3.4.01
- Headnote
Having technical character is an implicit requirement of the EPC to be met by an invention within the meaning of Article 52(1) EPC. The involvement of technical considerations, however, is not sufficient for a method which may exclusively be carried out mentally to have technical character. Technical character may be provided through the technical implementation of the method, resulting in the method providing a tangible, technical effect, such as the provision of a physical entity as the resulting product or a non-abstract activity, such as through the use of technical means.
- Relevant legal provisions
- European Patent Convention Art 52(2) 1973European Patent Convention Art 52(3) 1973
- Keywords
- Method of performing mental act excluded from patentability yes (main request), no (first auxiliary request)
- Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The main request is rejected.
3. The case is remitted remit to the first instance for further prosecution on the basis of the first auxiliary request filed in the oral proceedings.