T 0453/91 of 31.05.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T045391.19940531
- Date of decision
- 31 May 1994
- Case number
- T 0453/91
- Petition for review of
- -
- Application number
- 86117601.4
- IPC class
- G06F 15/60
- 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
- Method for physical VLSI-chip design
- Applicant name
- International Business Machines Corporation
- Opponent name
- -
- Board
- 3.5.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(1) 1973European Patent Convention Art 52(2) 1973European Patent Convention Art 52(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Methods for performing mental acts, as such (no)
Programs for computers, as such (no)
Invention (yes) - Product and manufacturing processes
Novelty (yes)
Inventive step (yes) - Catchword
- The method claims rejected could be interpreted as merely delivering a "design"; i.e. the result would not necessarily be a "physical entity". In contrast, the method claims now on file are restricted to technical, viz. manufacturing, processes albeit including the designing method.
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to base the grant of a patent on the following documents:
Description:
Pages 1, 2, 6 to 9 and 11 filed on 11 November 1993,
pages 3 to 5, 10 and 12 filed on 19 March 1994.
Claims:
No. 1 to 4 filed on 19 March 1994,
No. 5 to 7 filed on 11 November 1993.
Drawing:
Sheets/Figs. 1 to 4 as published.