T 0603/89 (Marker) of 03.07.1990
- European Case Law Identifier
- ECLI:EP:BA:1990:T060389.19900703
- Date of decision
- 3 July 1990
- Case number
- T 0603/89
- Petition for review of
- -
- Application number
- 85904189.9
- IPC class
- G09B 15/02
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- Beattie
- Opponent name
- -
- Board
- 3.4.01
- Headnote
1. If the subject-matter of a claim consists of a mix of technical elements (in the present case a marker) and of non- technical elements (in the present case information relating to the tones of the key of a keyboard instrument) the subject-matter as a whole is excluded from patentability under Article 52(2) and (3) EPC if the mix does not make use of technical means in order to solve a technical problem.
2. An improvement of a teaching method is not a technical problem but an improvement of a method for performing mental acts.
3. A supposed contradiction between the Guidelines and an intended decision of a Board of Appeal is no ground for referring a question to the Enlarged Board of Appeal.
- Relevant legal provisions
- European Patent Convention Art 52(1) 1973European Patent Convention Art 52(2)(d) 1973European Patent Convention Art 52(3) 1973
- Keywords
- Presentations of information as such
- Catchword
- -
- Cited cases
- -
ORDER
For these reasons it is decided that:
The appeal is dismissed.