European Patent Office

T 1049/19 of 13.12.2022

European Case Law Identifier
ECLI:EP:BA:2022:T104919.20221213
Date of decision
13 December 2022
Case number
T 1049/19
Petition for review of
-
Application number
11827473.7
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
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Application title
METHODS AND APPARATUS TO DETERMINE IMPRESSIONS USING DISTRIBUTED DEMOGRAPHIC INFORMATION
Applicant name
The Nielsen Company (US), LLC
Opponent name
-
Board
3.4.03
Headnote
-
Keywords
Inventive step - mixture of technical and non-technical features
Inventive step - closest prior art
Inventive step - skilled person
Inventive step - main request (no)
Inventive step - first auxiliary request (no)
Appeal decision - remittal to the department of first instance (yes)
Catchword
If the claimed non-technical features do not interact with claimed technical features such that they produce a further technical effect, for the assessment of inventive step one may
- either include the corresponding aim to be achieved in a non-technical field in the formulation of the problem as part of the framework of the technical problem that is to be solved,
- or else take the corresponding business scenario as the starting point for the problem and solution approach (see reasons 3.2.2).
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 examining division for further prosecution.