IPO The claims related to a method and apparatus for deciding the tilt angle of antennas in radio communication system. The examiner considered that the claims needed to be restricted to actual use in controlling antennas to avoid exclusion as a computer program, but the hearing officer (considering the mathematical method exclusion also) held that on the basis of VICOM (T 208/84), Astron Clinica [2008] RPC 14, Halliburton v Smith [2006] RPC 2 and Institut Francais and co (BL O/201/03) a step of outputting an optimal tilt angle for use in controlling the tilt angle sufficed to tether the claims to a patentable invention. The hearing officer also accepted that a proposed claim to a computer program product for implementing the method would not be open to objection under section 1(2).
Citations:
[2008] UKIntelP o20208
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 20 October 2022; Ref: scu.457102
