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EPO boards of appeal decision

Date of decision 28 February 2008
Case number T 0619/05 - 3.5.01
Application number 98938001.9
IPC G06F17/60
Proceedings Language EN
Title of the application Data processing system and method for facilitating transactions in diamonds
Applicant name Diamonds.Net LLC
Opponent name -
Headnote
-
Articles and Rules EPC . Art 52(2)(d)
. Art 123(2)
Keywords
Addition of non-technical subject-matter (not decided)
Inventive step (no)
Cited Decisions T 0641/00
Catchwords:
1. The term "subject-matter", without a qualifier, seems to indicate that Article 123(2) EPC applies to non-technical as well as technical subject-matter. Thus, also any amendments concerning non-technical subject-matter should be derivable from the patent application as filed.

2. Since the members of a board of appeal are only required to be technically (or legally) qualified under Article 21 EPC, it will be up to the applicant (or patent proprietor) to provide evidence permitting a board to determine to its satisfaction how a person skilled in the relevant non-technical field would interpret the original patent application and the application (or patent) after amendment (see points 2.2 to 2.4 of the Reasons).


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