T 1784/06  T 1784/06  T 1784/06
Liens OEB
Carte du site
© T. Bouvier
tous droits réservés
all rights reserved

T 1784/06 (Classification method/COMPTEL)


The invention relates to a method for classifying records by means of a computer program product.


According to the applicant, the algorithm underlying the claimed classification method enables to classify data records more efficiently.


The applicant considered that the invention provided a more quickly working computer algorithm for modern telecommunications classification purposes and thus provided technical effects of reduced power consumption and enhanced processing power in a given hardware.


According to the EPO, if algorithm runs more quickly, the resulting saving in energy is a technical effect inherent to the normal interaction of software and hardware, i.e. it is not a "further" technical effect of the algorithmic program controlling the computer (see T 1173/97).


The BoA does not consider a technical problem to be an absolute requirement of the problem-solution approach. The Board agreed to the statement that a non-technical problem can have a technical solution (assuming that a problem properly formulated with respect to the closest prior art can ever be of a completely non-technical nature). On the other hand, where an intrinsically non-technical solution (mathematical algorithm) seeks to derive a technical character from the problem solved, the problem must be technical. Otherwise, the solution remains non-technical and does not enter into the examination for an inventive step.


Since claim 1 is not limited to any technical application of its classification method, then the algorithm of claim 1 does not contribute to the technical character of the classification method, it does not enter into the examination for inventive step.


Consequently, the appeal has been dismissed.




The Comvik approach (T0641/00) is confirmed, non technical features are excluded from the inventive step assessment;


There is an interrelationship of Article 52 EPC and Article 56 EPC.



(c) Thibault Bouvier - Novembre 2012