Case Law Review – T 972/07

Case:

T 0972/07

Claimed Subject Matter:

System and method of assisting goods collection (e.g.  to salvage the lens in disposable cameras).

Comments:

The appellant argued that the invention related to the recycling of goods, which they believed was technical.

The Board of Appeal disagreed. They argued that the invention was essentially concerned with logistical matters of collecting and distributing goods prior to the recycling process. It is those logistics that had to be examined for technical effect, not the recycling process, which is not claimed. In the present case, those logistics were found to be administrative in nature and lacking in technical character. The remaining technical features were simply well-known computers and databases. Any dependent claims related to improvements to the administrative method rather than the technical features.

This case can be distinguished from T 1411/08 wherein the case was remitted to the department of first instance to perform an additional search on the basis that the Examining Division did not convincingly demonstrate that certain technical features were “notorious”

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