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EPO boards of appeal decision
Date of decision: 19 September 2007
Case number: T 0688/05 - 3.5.01
Application number: 00908516.8
IPC class: G06F17/60
Proceedings language: EN
| Title of the application Computer controlled event ticket auctioning system |
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| Applicant name Ticketmaster LLC |
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| Opponent name - |
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| Headnote - |
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| Articles and rules EPC Art 23 EPC Art 56 EPC Art 111(1) EPC Art 112 EPC R 10 EPC R 45 |
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| Keywords Inventive step: treatment on non-technical aspects Remittal to the department of first instance for search and examination (no) Declaration under Rule 45 EPC Letter to the president of the Office - independence of the Board | |
| Cited decisions T 0967/97 T 0641/00 T 0764/02 T 0172/03 T 0258/03 T 0154/04 T 1242/04 | |
| Catchwords The concept of "novelty" in Article 54(1) EPC is only defined for "inventions". It does not apply to the exceptions enumerated in Article 52(2) EPC. By analogy it could be held that claim features which do not contribute to the definition of an "invention" cannot be classified as new or not new in the sense of Article 54 EPC. Nevertheless they may well form the only logical link between technical features resulting from their implementation. They must therefore be taken into consideration for the examination as to inventive step while at the same time not being permitted to contribute to it (see point 4.5 of the reasons). |
