Federal Court of Justice Confirms Turnaround Towards EPA Patentability Approach (X ZR 47/07)

[J. Hevelius's azimuthal quadrant] On 26 October 2010, decision X ZR 47/07 ("Display of Topographic Information") has been issued by the Xth Civil Panel of the Federal Court of Justice (Bundesgerichtshof, BGH) under Cief Judge Peter Maier-Beck, who already held the chairmanship in cases Xa ZB 20/08 ("Dynamic Document Generation") of April 22, 2010 (see earlier posting) and Xa ZR 4/07 ("Glas Bottle Analysis") of 4 February 2010 (see earlier posting), both of which being considered in line with X ZB 22/07 („Control of Examination Modalities") of 20 January 2009 (see earlier posting). The latter was assumed to represent a turnaround of the Court of Justice's approach to assess technical character of an invention towards that of the Boards of Appeal of the European Patent Office. I. The first-instance before the Federal Patent Court European Patent EP 0 378 271 to Philips N.V. has been granted on 03.04.1996 with an independent method claim 1 reading
1. A method for the perspective display of a part of a topographic map by selecting, in dependence of a position (c) of a vehicle, topographic information from a data structure, where under the influence of a coordinate transformation the display takes place according to a viewing position (k) which moves together with the position (c) of the vehicle and with a solid angle (g) that takes into account the instantaneous motion of the vehicle, characterized in that for an earthbound vehicle the viewing position is above the earth and the solid angle (g) contains an actual simulated position of the vehicle itself.
and a substantially parallel device claim 17, reading
17 ...
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