For the whole decision click here: o33105
Summary
The invention concerned a search engine for searching geo-coded records. The user specifies a distance range as a limitation on the field of search, so that for example, it is possible to search for a pizza store within (say) 5 km of the users address. If no pizza stores are found within 5 km, the search engine automatically extends the distance range until a certain number of pizza stores (eg. 10) are found.
The Hearing Officer applied the two-stage test from CFPH, and concluded that the said advance was not new and inventive under the description an invention in the sense of Article 52 (EPC). Rather, the new and inventive element(s) of the invention were all outside this description, in fields that are not inventions for the purposes of patent law.
The Hearing Officer also considered the policy reasons behind the computer program exclusion, as stated in CFPH. He concluded that since the claims (if granted) would foreclose computer programs (and only computer programs) to the public, then the application could not be granted.