T 0424/03 (Clipboard formats I/MICROSOFT) of 23.02.2006

European Case Law Identifier: ECLI:EP:BA:2006:T042403.20060223
Date of decision: 23 February 2006
Case number: T 0424/03
Online on: 28 April 2006
Petition for review of: -
Application number: 95119547.8
IPC class: G06F 9/46
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: Data transfer with expanded clipboard formats
Applicant name: MICROSOFT CORPORATION
Opponent name: -
Board: 3.5.01
Headnote: -
Relevant legal provisions: European Patent Convention Art 123(2) 1973 European Patent Convention Art 52(1) 1973 European Patent Convention Art 52(2) 1973 European Patent Convention Art 52(3) 1973 European Patent Convention Art 54 1973 European Patent Convention Art 56 1973 European Patent Convention Art 83 1973 European Patent Convention Art 84 1973Rules of procedure of the Boards of Appeal Art 10b
Keywords: Late-filed request responding to objections - admitted (yes)
Method of operating a computer - excluded as being a computer program (no)
Novelty/inventive step (yes)
Catchword: 1. The claim category of a computer-implemented method is distinguished from that of a computer program. Even though a method, in particular a method of operating a computer, may be put into practice with the help of a computer program, a claim relating to such a method does not claim a computer program in the category of a computer program (point 5.1 of the reasons).
2. A computer-readable medium is a technical product and, thus, has technical character (point 5.3 of the reasons).
Cited cases: T 1173/97 T 1194/97 T 0258/03
Citing cases: G 0003/08 T 0588/05 T 1227/05 T 1568/05 T 0421/06 T 0979/06 T 1658/06 T 0928/07 T 1806/07 T 1265/09 T 0313/10 T 1630/11 T 1789/11 T 1248/12 T 2049/12 T 2330/13 T 0489/14 T 0697/17 T 1066/18 T 1835/18 T 1806/20

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the department of first instance with the order to grant a patent in the following version:

- claims 1 to 5 as submitted at the oral proceedings;

- description: pages 1, 3, 5, 7 to 9 as originally filed;

- description: pages 2, 4, 6, 10 to 12 as submitted at the oral proceedings;

- drawings: Figures 1 to 6 as originally filed.