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Patent pop quiz

By David

The IPKat (right: in inscrutable mode) would like to ask his readers a couple of little questions. Here is a headnote from a recent EPO Board of Appeal decision:

"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 is implemented."

Now, the questions are:

1. What particular A52(2) exclusion is this decision about?

2. Given your answer to 1, would the same reasoning apply for the other exclusions?

Presumably someone will be able to name the decision itself, but the IPKat thought that it would be better to let his readers think about it first, before checking the web comments to find out.

Full post as published by IPKat on March 26, 2008 (boomark / email).