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Date of decision
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28 February 2008
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Case number
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T 0619/05
- 3.5.01
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Title of the application
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Data processing system and method for facilitating transactions
in diamonds
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Applicant name
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Diamonds.Net LLC
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Keywords
Addition of non-technical subject-matter (not decided)
Inventive step (no)
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Catchwords:
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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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