Patent decision

BL number

O/054/07

Concerning rights in

GB 0427512.9

Hearing Officer

Mr R C Kennell

Decision date

22 February 2007

Person(s) or Company(s) involved

IGT

Provisions discussed

PA 1977 Sections 1(2), 76(2)

Keywords

Added subject matter, Excluded fields (refused)

Related Decisions

None

Summary

The invention related to a trajectory-based game of chance for implementation on a video gaming machine. The claim related to a gaming machine but in the light of Aerotel/Macrossan [2006] EWCA Civ 1371 it was agreed that the contribution was a data structure including a probability distribution from which a large number of trajectories could be produced from a small stored data set: the applicant argued that the storage of initial trajectory states with probable game outcomes reduced the data storage requirement for a 3-D game.

Added matter The hearing officer held that the proposed claim added matter because (i) it impermissibly combined details from two distinct embodiments, (ii) as regards the probability distribution its wording did not correspond to what was actually described, and (iii) it appeared to relate to an invention not originally contemplated.

Excluded fields The applicant argued that the invention was patentable because there was a technical improvement to a computerised implementation of a game. The hearing officer did not think this followed from Aerotel/Macrossan and held the invention excluded because it failed the third Aerotel/Macrossan step in that it related solely to a computer program and (following the decision in O/211/06) to a method or rule for playing a game. Unlike cases such as Aerotel, Inpro SARL [2006] EWHC 70, [2006] RPC 20 and Arm Limited O/066/06, there was nothing going beyond excluded matter to constitute a feature which might be considered technical under the fourth Aerotel/Macrossan step. The application was refused.