T 0688/05 (Ticket auctioning system/TICKETMASTER) of 19.09.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T068805.20070919
- Date of decision
- 19 September 2007
- Case number
- T 0688/05
- Petition for review of
- -
- Application number
- 00908516.8
- IPC class
- G06F 17/60
- 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
- Computer controlled event ticket auctioning system
- Applicant name
- Ticketmaster LLC
- Opponent name
- -
- Board
- 3.5.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 112 1973European Patent Convention Art 23 1973European Patent Convention Art 56 1973European Patent Convention R 10 1973European Patent Convention R 45 1973
- Keywords
- Inventive step: treatment on non-technical aspects
Remittal to the department of first instance for search and examination (no)
Declaration under Rule 45 EPC
Letter to the president of the Office - independence of the Board - Catchword
- The concept of "novelty" in Article 54(1) EPC is only defined for "inventions". It does not apply to the exceptions enumerated in Article 52(2) EPC. By analogy it could be held that claim features which do not contribute to the definition of an "invention" cannot be classified as new or not new in the sense of Article 54 EPC. Nevertheless they may well form the only logical link between technical features resulting from their implementation. They must therefore be taken into consideration for the examination as to inventive step while at the same time not being permitted to contribute to it (see point 4.5 of the reasons).
ORDER
For these reasons it is decided that:
The appeal is dismissed.