T 670/19 - Technical character of a scale for evaluating in a clinical setting
The subject of this examination decision was a scale for evaluating the lips and mouth region in a clinical setting. This type of scale could be utilized to assess the effectiveness of new lip enhancement techniques.
The claim in question, for example, features a "lip fullness scale" including images of human mouth areas.
Initially, objections were raised during examination that the claims lacked novelty. However, these objections were overcome, and the claims were then challenged for lacking technical character. The examining division argued that the claim related to purely abstract subject matter and thus did not meet the requirements of Article 52(2) and (3) of the European Patent Convention (EPC).
The Board of Appeal did not concur with this argument and found that the illustrations indicated a physical representation and thus had technical character. As a result, the case was remitted.
