Examples of using Claimed method in English and their translations into German
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Colloquial
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Official
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Ecclesiastic
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Medicine
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Financial
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Ecclesiastic
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Political
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Computer
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Programming
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Official/political
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Political
As a consequence, the claimed method for hair removal using optical radiation was considered patentable.
All these findings represent additional indicia in support of the conclusion above that the claimed method does not pertain to a technical field.
The claimed method for representing heart rate signals is- not only for fetal heart rates- the only useful one.
Contrary to the examining division's opinion, the claimed method does not constitute a business method and does not only involve mental acts.
The only feature characterising the selected odour over the non-selected odours is the fact that the selectedodour has"passed" the selection test defined by the claimed method.
That, in turn, was only the case if the claimed method contained all steps involved in reaching a medical diagnosis.
By reference to another patent application an apparatus was implicitly disclosed comprising a programmable component which,when suitably programmed, was used for the claimed method.
In case T 83/87, the claimed method does not comprise any step which is explicitly practised on the human or animal body.
For these reasons, the Board cannot follow the examining division's conclusion that the claimed method is directed to a method of doing business as such.
The burden of proving that the claimed method leads to the advantageous effects mentioned in the patent in suit rests with the patentee.
With respect to the exclusion from patentability under Article53(c) EPC, they submitted that the claimed method of contraception was inseparably associated with therapeutic effects.
For example, if a claimed method or a claimed device contains the feature of an all-purpose computer, the hurdle of technical subject-matter is surmounted.
Accordingly, the Board cannot follow the examining division's finding that the claimed method only involves instructions for performing mental acts within the meaning of Article 52(2)(c) EPC.
Thus, the claimed method may enrich some branches of human knowledge, but has no immediate influence or impact on technology see T 579/88, point 3.1.1 of the reasons, last paragraph.
The required medical expertise and the health risk involved may not be the onlycriteria which may be used to determine that a claimed method actually is a"treatment by surgery" within the meaning of Art.
Therefore, to summarise, if a claimed method requires the treatment of an animal body by therapy, it is a method which falls within the prohibition on patentability set out in Article 52(4) EPC.
In the present case, the feature"substantially free of striae" in Claim 1 according to all requests, having, indeed, a technical meaning,should be considered as an advantage characterising the product obtained with the claimed method.
The board could not establish for the claimed method an interaction between the technical activity of step A and the mental activities of steps B to E leading to a tangible technical result.
This includes that the required medical expertise and the health risk involved may not be the onlycriteria which may be used to determine that a claimed method actually is a"treatment by surgery" within the meaning of Article 53(c) EPC.
Thus, since the claimed method does not reveal any aspect involving, or at least presupposing technical considerations in any of the phases of its implementation, the claimed method cannot be considered to pertain to a technical field.
The appellant, on the other hand, takes the viewthat by combining these publications a man skilled in the art would not have arrived at the claimed method without inventive effort, because he would have only taken into consideration those embodiments which were particularly emphasised therein.
Accordingly, the mere fact that the claimed method and its result are susceptible of being used in practice in a technical context is not sufficient to impart technical character to the selected odour, let alone to the odour selection method. .
Neither the necessity of an interspecific cross nor the choice of an unusual selection criterion nor the existence of technical steps such as weighing anddrying take the claimed method outside the realm of classical plant breeding technology, which frequently uses corresponding elements of human intervention.
Compared to the closest prior art, the claimed method differs only in that other statistical variables(namely center vector and the radius of the n-dimensional sphere) are used to represent the measured values.
Question 3: When a claimed method in itself cannot be regarded as a method of treatment of the body by surgery, the mere fact that the method is useful for a surgical treatment does not confer surgical character on the claimed method. .
Furthermore, the decision held that such subject-matter was novel and inventive having regard to the cited documents,in particular because the claimed method included the steps of providing a right ventricular systolic pressure signal, relating changes in said signal and/or its time derivative to a required pacing rate, and controlling the pacer at said rate, and none of such documents hints either at monitoring pressure in the right ventricle, or at monitoring the systolic pressure therein.
In T 208/84 the claimed method is patentable, even though it could be carried out by known hardware suitably programmed, because it makes a contribution in a field not excluded from patentability, namely a more efficient restoration or enhancement of the technical quality of an image.
The arguments put forward by appellant I to show that the claimed method requires a high level of human intervention cannot alter the conclusion that the essence of the claimed method is"classical" plant breeding technology.
The board there considered the claimed method of designing a roller cone bit(which neither included a step of producing the designed bit, nor referred to the use of a computer) to comply with Article52(2) and(3)EPC because it achieved"a technical effect, i.e. the optimized adjustment of the orientation of at least one tooth on a cone of a roller cone bit" reasons4.