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T 619/05 - Facilitating transactions in diamonds/DIAMONDS.NET

in
Reference numbers
Case number: 
T 619/05
Headword: 
Facilitating transactions in diamonds/DIAMONDS.NET
Application number: 
98938001.9
Publication number: 
1008085
Date of the Decision: 
2008-02-28
Additional Case Information
Title of the invention: 
Data processing system and method for facilitatingtransactions in diamonds
IPC: 
G06F 17/60
Keyword: 
Addition of non-technical subject-matter (not decided) Inventive step (no)
Applicant: 
Diamonds.Net LLC
Chairman of the Board: 
Steinbrener, S.
Members of the Board: 
Wibergh, S.
Members of the Board: 
Schmitz, P.
Relevant Legal Provisions: 
EPC Art. 21, 52(2)(d), 56, 123(2)
Cites (case law): 
T 641/00 - Two identities/COMVIK
Language of the proceedings: 
EN
Headnote: 
  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).