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EPO boards of appeal decision
Date of decision: 11 October 2007
Case number: T 0336/07 - 3.2.04
Application number: 03029415.1
IPC class: A63F3/00
Proceedings language: EN
| Title of the application Electronic multi-play poker with face-up hand in bottom row |
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| Applicant name IGT |
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| Opponent name - |
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| Headnote - |
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| Articles and rules EPC Art 52(1) EPC Art 52(2)(c) EPC Art 56 |
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| Keywords Inventive step - all requests (no) Mixture of technical and non-technical features Rules for playing games | |
| Cited decisions T 0935/97 T 1173/97 T 0641/00 T 1212/01 T 0258/03 T 0928/03 | |
| Catchwords 1.The mere fact that subject-matter, which is excluded per se under Article 52(2) (c) EPC, is technically implemented cannot form the basis for inventive step. Inventive step can be based only on the particular manner of implementation of such subject-matter. To this end it is therefore necessary to ask how the per se excluded subject-matter (e.g. a game or business method) is implemented (reasons 2.4) 2.A consideration of the particular manner of implementation must focus on any further technical advantages or effects associated with the specific features of implementation over and above the effects and advantages inherent in the excluded subject-matter (reasons 2.5) 3.A set of game rules defines a regulatory framework agreed between players and concerning conduct, conventions and conditions that are meaningful only in a gaming context. It is perceived as such by players involved, and as serving the explicit purpose of playing a game. As such an agreed framework it is a purely abstract, mental construct, though the method and means for carrying out game play in accordance with such a set may well be technical in nature (reasons 3.3.1). |
