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T 51/84 - Marking objects/STOCKBURGER

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Reference numbers
Case number: 
T 51/84
Headword: 
Marking objects/STOCKBURGER
Application number: 
80901066
Date of the Decision: 
1986-03-19
Additional Case Information
IPC: 
G06K5/00
Keyword: 
Patentability; Exclusion; Mental acts
Applicant: 
Stockburger
Language of the proceedings: 
DE
Headnote: 
  1. Procedural steps involved in applying a coded distinctive mark to an object, providing the object with characteristic data and forming the distinctive mark by coding the characteristic data, may be carried out in any desired manner.
  2. If a claim focuses solely on such procedural steps without indicating or presupposing technical means for carrying them out, a process of this kind will come under the heading of matter excluded from patentability by Article 52(2)© and (3) EPC and will not therefore be regarded as an invention within the meaning of Article 52(1) EPC.
Summary and Comments: 

The Board introduces the requirement for technical means in order to prevent the claim from being directed at unpatentable subject-matter, such as a procedure comprising mental steps. Although the claimed procedure could possible be performed by technical means, it was not limited to technical means.