T 0302/19 (Cell characterization/BIO-RAD) of 21.12.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T030219.20231221
- Date of decision
- 21 December 2023
- Case number
- T 0302/19
- Petition for review of
- -
- Application number
- 11733297.3
- IPC class
- G06K 9/00
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 Art 056
- Application title
- CELL CHARACTERIZATION USING MULTIPLE FOCUS PLANES
- Applicant name
- Bio-Rad Laboratories, Inc.
- Opponent name
- -
- Board
- 3.5.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 113(1)European Patent Convention Art 56European Patent Convention R 103(1)(a)Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- Inventive step - automation of a known manual practice (no)
Remittal for further prosecution (yes) - Catchword
- For an argument that a claimed method is a straightforward automation of a known manual practice of a laboratory assistant, it should be clear what is the alleged manual practice, it should be convincing that it was indeed an existing practice at the relevant date and that it would have been obvious to consider automating it (see point 20 et seq.
of the reasons). - Cited cases
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The appealed decision is set aside.
2. The case is remitted to the first instance for further prosecution.
3. The appeal fee is to be reimbursed.