T 688/05 - Ticket auctioning system/TICKETMASTER
Date of the Decision:
2007-09-19 Headnote:
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).
