BESCHWERDEKAMMERN
DES EUROPÄISCHEN
PATENTAMTS
BOARDS OF APPEAL OF
THE EUROPEAN PATENT
OFFICE
CHAMBRES DE RECOURS
DE L’OFFICE EUROPEEN
DES BREVETS
EPA Form 3030 06.03
Internal distribution code:
(A) [ ] Publication in OJ
(B) [ ] To Chairmen and Members
(C) [X] To Chairmen
(D) [ ] No distribution
D E C I S I O N
of 2 June 2006
Case Number:
T 0928/03 - 3.5.01
Application Number:
97120468.0
Publication Number:
0844580
IPC:
G06F 19/00, A63F 9/22
Language of the proceedings
: EN
Title of invention:
Video game system and storage medium for storing program for
use in the video game system
Applicant:
KONAMI CO., LTD.
Opponent:
-
Headword:
Video game/KONAMI
Relevant legal provisions:
EPC Art. 52(1)(2)(3), 54, 56
Keyword:
"Visualisation of a possibly concealed graphic indicator in an
interactive video game - exclusively addressing a mental
process (no)"
"Shape of graphic indicator - merely aesthetic creation (yes)"
"Specific implementation of game rule requirements - technical
contribution (yes)"
"Inventive step (yes)"
Decisions cited:
T 0333/95, T 0244/00, T 0641/00, T 0643/00, T 0258/03,
T 0049/04, T 0125/04
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EPA Form 3030 06.03
Catchword:
I. Making a possibly concealed indicator clearly visible on a
display screen to the user of an interactive video game does
not exclusively address a human mental process but contributes
an objective technical function to the display. The functional
quality is not cancelled by the fact that the visualised
information will also enter into a decision of the user
interacting with the video game displayed on the screen
(point 4.1.1 of the reasons).
II. Applying the approach of T 641/00-
Two identities/COMVIK
(i.e. treating non-technical aspects as constraints in the
formulation of the technical problem) in a fair manner must
bear in mind its purpose: on the one hand, the approach is to
make sure that non-technical aspects do not support a finding
of inventiveness; on the other hand, actual contributions to
the technical character by any feature of an invention must be
taken into account when assessing inventive step (point 5.3.3
of the reasons).
Europäisches
Patentamt
European
Patent Office
Office européen
des brevets
b
Beschwerdekammern
Boards of Appeal
Chambres de recours
Case Number:
T 0928/03
-
3.5.01
D E C I S I O N
of the Technical Board of Appeal 3.5.01
of 2 June 2006
Appellant:
Konami Co., Ltd.
3-2, Minatojimanakamachi 7-chome,
Chuo-ku
Kobe-shi,
Hyogo-ken (JP)
Representative:
Müller-Boré & Partner
Patentanwälte
Grafinger Strasse 2
D-81671 München (DE)
Decision under appeal:
Decision of the Examining Division of the
European Patent Office posted 22 April 2003
refusing European application No. 97120468.0
pursuant to Article 97(1) EPC.
Composition of the Board:
Chairman:
S. Steinbrener
Members:
K. Bumes
G.
Weiss
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Summary of Facts and Submissions
I.
The appeal lies from the Examining Division's decision
to refuse European application No. 97 120 468.0 for
lack of inventive step over
D7:
WO-A-96/34364
in the light of
D4: EP-A-0 700 010.
More precisely, the Examining Division referred to
D7': EP-A-0 773 515,
for language reasons, D7' being a family member to D7
but not published before the priority date of the
present application.
II.
The appellant requests that the decision under appeal
be set aside and a patent be granted on the basis of
claims 1 to 8 submitted at oral proceedings before the
Board.
(a)
Device claim 1 reads (with two obvious typing
errors corrected, and with labels [a] to [c] added
for reference by the Board):
"1.
A guide display device for use in a video
game system of the type in which a couple of teams,
each having a plurality of player characters (P1,
P2, P3) displayed on a monitor screen (13),
compete with each other on a single game
medium (B), at least one of said teams being under
the control of a game player through a
controller (8) said guide display device
comprising:
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monitoring means for identifying the player
character (P1) which keeps said game medium (B),
and
guide displaying means for displaying a
guide mark(G1, G2) which accompanies the player
character (P1, P2, P3) identified by said
monitoring means and which indicates that said
game medium (B) is kept by said player
character (P1) identified by said monitoring means,
characterized in that
[a] said guide mark (G1, G2) is ring-shaped
and displayed on the image of the field plane (F)
around the player character (P1, P2, P3) at a
location near a [indefinite article reinserted by
the Board] foot of said player character (P1, P2,
P3),
[b] said guide displaying means further
displays a pass guide mark (G3) accompanying
another player character (P2) which belongs to the
same team as said player character (P1) keeping
said game medium (B) and to which said game
medium (B) can most easily be passed from said
player character (P1) keeping said game medium (B),
and
[c] said guide displaying means displays
said pass guide mark (G3) accompanying another
player character (P2) such that [corrected from
"said"] a portion of the pass guide mark (G3) is
displayed on the end of the display area even when
said another player character (P2) and said pass
guide mark (G3) come out of the display area of
the monitor screen so as to properly indicate the
direction in which the game medium (B) is to be
passed by the player character (P1)."
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(b)
Method claim 6 reads (with two obvious typing
errors corrected, and with labels [a] to [c] added
for reference by the Board):
"6. A guide displaying method for use in a video
game system of the type in which a couple of teams,
each having a plurality of player characters (P1,
P2, P3) displayed on a monitor screen (13),
compete with each other on a single game
medium (B), at least one of said teams being under
the control of a game player through a
controller (8), said guide displaying method
comprising:
identifying the player character (P1), which
keeps that game medium (B); and
displaying a guide mark (G1, G2), which
accompanies the identified player character (P1)
and which indicates that said game medium (B) is
kept by said identified player character,
characterized in that
[a] said guide mark (G1, G2) is ring-shaped
and displayed on the image of the field plane (F)
around the player character (P1, P2, P3) at a
location near a [indefinite article reinserted by
the Board] foot of said player character (P1, P2,
P3),
[b] wherein the displaying step further
displays a pass guide mark (G3) accompanying
another player character (P2), which belongs to
the same team as said player character (P1)
keeping said game medium (B) and to which said
game medium (B) can most easily be passed from
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said player character (P1) keeping said game
medium (B), and
[c] wherein said guide displaying means
displays said pass guide mark (G3) accompanying
another player character (P2) such that [corrected
from "said"] a portion of the pass guide mark (G3)
is displayed on the end of the display area even
when said another player character (P2) and said
pass guide mark (G3) come out of the display area
of the monitor screen so as to properly indicate
the direction in which the game medium (B) is to
be passed by the player character (P1)."
III.
The Examining Division's argumentation in relation to
claim 1 (corresponding to claim 1 of the second
auxiliary request before it) is summarised as follows.
(a)
Claim 1 relates to a mixture of technical and non-
technical features for implementing a graphic user
interface [GUI] for a video game. Therefore, the
skilled person is considered to be a computer
expert who has knowledge of the game rules as part
of the task information given to him. Starting
from document D7('), a "ring-shaped guide mark" is
an obvious alternative known from D4, and the
implementation of the remaining features is driven
by the game rules and thus does not provide any
non-obvious technical effect or non-obvious
solution to a technical problem.
More specifically, the game rules suggest that
team mates interact by passing the game medium
(i.e. ball) and, therefore, have to know each
other's position even when one of them is located
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outside the current display area. When seeking a
solution to this problem, the skilled person would
consider a situation from everyday life in which a
person tries to reach a destination without seeing
it. A common solution to this problem is to
provide traffic signs that guide the person toward
the destination.
A technical implementation of that concept in a
graphic user interface is straightforward because
information on the current positions of the player
characters is available to the game processing
system irrespective of whether or not the
characters are currently displayed.
(b)
Generally, the application aims to improve the
visual perception of different states of the game
by its user. User acceptance is influenced by a
combination of graphical design, interaction style
and computational power. Psychologists, graphic
designers and programmers usually team up to
design an interface. The graphical design is
selected according to human factors. Visual
feedback is important because it helps the user to
better perceive certain situations of an
interactive game. While the graphical design
visible to the user is creative work and
influences user attractiveness, its protection is
not a matter of patent law.
IV.
The Board summoned the appellant to oral proceedings,
as requested on an auxiliary basis, and pointed out
that the discussion with respect to Article 56 EPC
would have to focus on features contributing to the
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technical character of the display device and method as
claimed. A correct formulation of the problem was
critical; a formulation in terms of a navigation
problem might direct the skilled person to graphic user
interfaces commonly known from car navigators
exemplified by
D8: DE-A-40 33 832.
Such interfaces might prompt the skilled person to
display (road) symbols pointing to objects situated
beyond the current display horizon.
V.
The appellant disagrees with the Examining Division's
formulation of the problem. Setting out from a video
game according to D7 and considering the characterising
features of the application, the problem cannot be
reduced to providing an alternative identification
means for a player character and giving the user visual
feedback of a player character to whom the ball can be
passed. The fact that a conventional player character's
guide mark (D7, Figure 8: triangular control mark "m"
above a player's head) might be concealed by a
neighbouring player character limits the usability of
the GUI. Expanding the usability contributes to the
technical character of the device and method, as
confirmed by the bulk of technical prior art existing
in the field of video games. Hence, the problem has to
be formulated as how to enhance the operability of the
display system and to make the man-machine interface
more efficient, which is a technical problem in line
with decision T 643/00-
Searching image data/CANON
.
Even the ring-shape of the guide mark improves the
visibility of a player character, and thus the function
of the GUI, by concentrating the user's attention on
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T 0928/03
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the designated player character. The appellant refers
to the Board's decision T 333/95-
Interactive
animation/IBM
in support of his argument that a
technical contribution can be achieved by a graphical
interface which "appears to decrease both the necessary
mental and physical effort of the operator". Therefore,
the shape and location of a guide mark have to be taken
into account when assessing inventive step.
The appellant regards a ring-shape of the guide mark as
non-obvious because it represents a selection from a
variety of shapes which are conceivable but have not
been used or suggested before, at least not at a player
character's foot. The question is not whether the
skilled person
could
use a ring-shape but whether he
would
use it. Prior art D7, for example, teaches away
from modifying the shape of its guide mark (m) since D7
explicitly proposes to modify the appearance of the
player character (by refining the resolution of the
graphic representation thereof) in order to catch the
user's eye.
Knowledge of navigator GUIs does not inspire the
skilled person to provide the edge of a display with a
guide mark toward an object which is moving outside the
displayed area. Moreover, the road mapped on a
navigator display may bend behind the display horizon
so that the road symbol does not consistently point to
the destination.
When an interactive display screen is no longer able to
show an interesting detail of a large map because the
user zooms into a picture or shifts the viewing angle
of a virtual camera, conventional remedies consist in
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(i) zooming out or (ii) shifting the camera back so as
to make the point of interest visible again or (iii)
displaying a small-scale overview map on the same
screen. Neither the documented prior art nor common
knowledge suggests displaying an edge indicator toward
an object which is being outside the screen.
VI.
The chairman pronounced the Board's decision at the end
of the oral proceedings.
Reasons for the decision
1.
Article 123(2) EPC - Admissibility of amendments
The Board is satisfied that the amended claim set is
based on original disclosure notably in relation to
original Figures 6 and 7. Claim 1 is based on original
claims 5, 7 and 8 and column 24, line 32 to column 25,
line 19 of the application as published,
A2: EP-A2-0 844 580.
Claim 2 is based on original claim 6. Claim 3 is based
on original claim 9. Claim 4 is based on original
claim 10. Claim 5 adds features from columns 24/25 of
A2. Claim 6 is based on original claims 11, 13 and 14
and column 25, paragraph 2 of A2. Claim 7 is based on
original claim 12, and claim 8 is based on original
claim 15.
2.
Article 52(1)(2)(3) EPC - Eligibility for patent
protection
Eligibility for patent protection has not been called
into question by the Examining Division. The guide
display device according to claim 1 indeed represents a
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physical entity in particular comprising displaying
means which have a technical character by their nature.
The displaying steps of the independent method claim
imply the use of displaying means which provides a
technical character to the method (T 258/03-
Auction
method/HITACHI
, OJ EPO 2004, 575).
3.
Article 54 EPC - Novelty
3.1
The application relates to an interactive video game
(e.g. a virtual soccer game) in which a user controls
at least one player character displayed on a screen.
Broadly speaking, the application features a graphical
user interface (GUI).
The Board concurs with the Examining Division and the
appellant in considering D7(') as the closest available
prior art document, reflected in the preambles of the
independent claims 1 and 6.
Figure 8 of D7(') shows a triangular control mark "m"
above a player character's head to indicate which
player has obtained control of the ball (D7', column 17,
lines 49 to 55).
3.2
It is common ground that D7' does not disclose the
characterising features [a] to [c] of the independent
claims.
The extent to which the characterising features
contribute to the technical character of the claimed
device and method will be elaborated below in relation
to the effects achieved by those features. The Board
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judges that at least the implementation of the
characterising features assures technical novelty.
4.
Effects achieved and problems solved
For brevity, the player character which keeps the game
medium (e.g. ball) and is controlled by the user of the
video game will be designated as the active player
character.
4.1
While the closest prior art indicates the active player
character by displaying a small triangle (m) above its
head (D7, Figure 8), characterising feature [a] of
claim 1 requires the guide mark (G1 in Figures 6 and 7
of A2) to be ring-shaped and displayed around a foot of
the active player character (P1).
4.1.1
The aforementioned difference implies an enlarged size
of the guide mark which avoids any risk of the mark
being concealed by a neighbouring player character.
Making a possibly concealed indicator clearly visible
on a display screen to the user of an interactive video
game does not exclusively address a human mental
process (i.e. it is not exclusively determined by the
cognitive meaning of the information presented) but
contributes an objective technical function to the
display. The functional quality is not cancelled by the
fact that the visualised information will also enter
into a decision of the user interacting with the video
game displayed on the screen.
As to the arrangement of images on a screen, decision
T 643/00-
Searching image data/CANON
likewise accepts a
combination of functional and mental tasks as technical
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where the graphic interface aims at a more efficient or
faster interaction with the image processing apparatus
(point 16 of the Reasons).
Decision T 125/04-
Assessment system/COMPARATIVE VISUAL
ASSESSMENTS
comes to a negative finding in relation to
a vectorial presentation of information on the screen
because the overall effect is exclusively an
intellectual effect on a human being (simply to inform
a customer of the properties of a product; point 4.5 of
the Reasons). The present case is different since the
guide mark is enlarged to serve a technical purpose
(visibility) and is not just displayed for the sake of
viewing but for enabling a continued man-machine
interaction.
In conclusion, the enlarged size of the guide mark will
enter into the appraisal of the display device and
method with respect to inventive step (T 641/00-
Two
identities/COMVIK
, Headnote I, OJ EPO 2003, 352).
4.1.2
On the other hand, the Board is not convinced that the
precise geometrical (ring-)shape of the guide mark
achieves any effect other than an aesthetic impression.
The shape of the guide mark relates to mere artwork in
the menu design which the Board considers as non-
technical (see T 244/00-
Remote control/MATSUSHITA
,
point 12 of the Reasons).
According to decision T 49/04-
Text processor/WALKER
,
the presentation of natural language text on a display
in a manner which improves readability, enabling the
user to perform their task more efficiently, relates to
how
, i.e. by what physical arrangement of the text,
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cognitive content is conveyed to the reader and can
thus be considered as contributing to a technical
solution to a technical problem (points 4.5 to 4.7 of
the Reasons).
Hence this decision proposes a wide interpretation of a
technical contribution which does not require any
interaction with the graphically interfaced system once
the GUI has displayed readable information in an
intellectually convenient manner. However, even if that
interpretation is followed, the Board would not be
convinced that in the present case the shape (as
opposed to the size) of the guide mark improves its
readability or perceptibility so as to go beyond a
purely aesthetic effect ruled out from patentability
also by T 49/04 (point 4.8 of the Reasons).
Decision T 333/95-
Interactive animation/IBM
holds that
a technical contribution can be achieved by a graphical
interface which decreases the mental and physical
effort of the operator (point 5 of the Reasons). The
application underlying that decision relates to a
programming tool and input device to facilitate a
programmer's work of establishing an animation, whereas
the video system underlying the current application
deals with the arrangement and visibility of images on
the resulting user surface.
Even if that decision was applicable to the present
case (despite their factual difference), the Board
would not be convinced that a ring-shape of the guide
mark decreases the mental or physical effort of the
user.
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Consequently, the ring-shape of the guide mark is
merely an aesthetic creation and, thus, cannot
constitute an inventive step within the meaning of
Article 56 EPC.
The same goes for the precise (foot-related) location
of the guide mark (G1) with respect to the player
character to be marked. In view of the preferred
embodiment of the video game (soccer), it may be added
that - in accordance with the Examining Division's
finding - marking the foot zone of a player character
may also be driven by the non-technical rules of the
game, which confirms the non-technical character of
that contribution.
To make sure that non-technical aspects of the guide
mark do not support any finding of inventiveness,
aesthetic aspects may be included in the formulation of
the technical problem (T 641/00, Headnote II).
4.2
Characterising feature [b] specifies that a team mate
("other player character P2 which belongs to the same
team") of the active player character (P1) is
accompanied by a pass guide mark (G3) so that the
active player character can easily pass the game medium
(e.g. ball) to the team mate.
When the non-technical, game-rule-driven aspects of
this feature are stripped off, the underlying technical
contribution relates to the highlighting of a second
point of interest, in addition to the active player
character, on the display screen in order to draw the
user's attention to the second point on the screen.
That is a technical contribution to be considered in
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the inventive step discussion.
4.3
Characterising feature [c] specifies that the pass
guide mark (G3) is displayed on the end of the display
area even when the other player character (P2) and the
pass guide mark (G3) come out of the display area of
the monitor screen so as to properly indicate the
direction in which the game medium (e.g. ball B) is to
be passed by the player character (P1).
The technical problem underlying this feature relates
to conflicting technical requirements: On the one hand,
a portion of an image is desired to be displayed on a
relatively large scale (e.g. zoom in); on the other
hand, the display area of the screen may then be too
small to show a complete zone of interest. Resolving
that conflict by technical means implies a technical
contribution which has to be considered in the
inventive step discussion.
5.
Article 56 EPC - Inventive step of the technical
contributions
5.1
The first problem pointed out by the appellant
(concealed guide mark "m" of D7') occurs inevitably in
practical use of the video game of D7'. Thus,
identifying that problem is obvious. At the same time,
when a mark turns out to be too small, the skilled
person (GUI programmer) will naturally think of
enlarging the size of the guide mark to maintain its
visibility in the presence of a neighbouring and
potentially overlapping player character. Therefore,
the technical contribution by feature [a] does not
involve an inventive step.
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5.2
Highlighting a second point of interest (team mate P2),
in addition to a first point of interest (active player
character P1), on the display screen in order to draw
the user's attention to plural points of interest is
obvious as soon as the second interest arises. In view
of the rules of playing team games such as soccer,
obvious points of additional interest are those team
mates to whom the active player can pass the ball most
easily in the framework of the game and goal to be
achieved. The fact that the various points of interest
represent player characters is due to the non-technical
rules of the game and, thus, cannot support any finding
of non-obviousness. Therefore, the technical
contribution by feature [b] does not involve an
inventive step.
In this context, it should be added that the technical
implementation of features [a] and [b] by suitable
programming has neither been asserted nor disclosed as
requiring the exercise of inventive skill.
5.3
The technical contribution by feature [c] addresses the
conflicting technical requirements of displaying an
enlarged portion of an image (into which the user may
have zoomed) and keeping an overview of a zone of
interest which is larger than the display area.
Conventional video game GUIs (as acknowledged by the
appellant, see point V, last paragraph
supra
)
compromise by superimposing a down-scaled map of the
zone of interest on the enlarged portion of the image
(covering a considerable part of that portion), or by
zooming out (losing detail), or by shifting the viewing
perspective (losing focus).
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Feature [c] allows an enlarged portion of the image to
be displayed and overview information to be provided to
the user without sacrificing surface, detail or focus
of the enlarged image portion.
In the Board's judgment, the first and second instance
discussions have not revealed any obvious pointer to a
display device displaying a guide mark on the end of
the display area in order to indicate a second point of
interest which is being outside the display area of the
monitor screen.
5.3.1
None of the prior art documents on file suggests a
graphic user interface displaying a guide mark on the
end or edge of the display area. The car navigator
screen according to document D8, Figure 10 for example,
displays road symbols extending across the screen,
whereas feature [c] implies that only a portion of the
pass guide mark (G3) is displayed on the end of the
display area when said other player character (P2) and
said pass guide mark (G3) come out of the display area
of the monitor screen.
Moreover, a road section does not always point in the
direction of the destination. That difference may not
exist in sea navigation but in the Board's judgment sea
navigators do not form part of the common general
knowledge to be combined with virtual ball games.
5.3.2
Real-life playing grounds for team ball games do not
require geographic navigation tools. Hence, it would
appear artificial to allege that experience from
everyday navigation translates readily into
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corresponding solutions in video game GUIs. Setting out
from D7', there is no obvious reason to assume that
static or dynamic navigation assistance (traffic signs;
GPS) might be desirable in a video game. While it may
be possible to deduce a navigation problem from the
present application and to trace a logical chain of
arguments back to D7', the same chain starting from D7'
lacks motivation.
5.3.3
It is true that the general desire to pass the ball
from the active player character to a team mate is
driven by the (non-technical) rules of the game,
although passing is not necessarily an intention of the
user who has zoomed into the image: In close-up views
of the active player character, the user may want the
player to perform dribbling (see D7', column 15,
lines 24 to 30).
Nevertheless, if on a general basis it were assumed
that in a team game (such as soccer) the game rules
impose interactions (such as passing a ball) between
the players of one team so that knowledge of the
nearest team mates' locations is of fundamental
importance, this rule constraint has to be
distinguished carefully from its technical
implementation by which such locations are indicated to
the user of the video game. In other words, while the
fact
that
the team mates' locations should be known by
the user may be regarded as a direct consequence of the
game rules, the technical realisation of
how
such
locations are made known is not related to the game
rules.
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The Board would like to add that applying the
Comvik
approach (i.e. treating non-technical aspects as
constraints in the formulation of the technical problem)
in a fair manner must bear in mind its purpose: on the
one hand, the approach is to make sure that non-
technical aspects do not support a finding of
inventiveness; on the other hand, actual contributions
to the technical character by any feature of an
invention must be taken into account when assessing
inventive step.
5.3.4
While various compromises of handling the conflicting
display requirements are known (see point 5.3
supra
),
the solution offered by feature [c] of the present
application expands the display functionality with the
help of a simple guide mark on the end of the display
area which occupies minimum peripheral display surface
and still enables the user to maintain orientation when
viewing an enlarged portion of an image.
5.3.5
Therefore, in the light of the prior art available to
it, the Board judges that the display device and method
according to claims 1 and 6, respectively, involve an
inventive step.
The dependent claims likewise involve an inventive step
by virtue of their references to claims 1 and 6,
respectively.
6.
Remittal
The application (claiming five priorities) comprises an
extensive description of aspects no longer covered by
the amended claims. Therefore, the description
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(including its title) and drawings need to be adapted
to the amended claim set (Article 84, Rule 27 EPC). To
this end, the Board makes use of its discretion
pursuant to Article 111(1) EPC and remits the case to
the department of first instance.
Order
For these reasons it is decided that:
1.
The decision under appeal is set aside.
2.
The case is remitted to the department of first
instance with the order to grant a patent on the basis
of claims 1 to 8 filed at the oral proceedings and a
description and drawings to be adapted thereto.
The Registrar:
The
Chairman:
P. Guidi
S. Steinbrener