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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> F- Secure Oyj (Patent) [2009] UKIntelP o17409 (23 June 2009) URL: http://www.bailii.org/uk/cases/UKIntelP/2009/o17409.html Cite as: [2009] UKIntelP o17409 |
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For the whole decision click here: o17409
Summary
The invention relates to a method of loading an anti-virus application or malware removal program onto a mobile communications device from a memory card using a Symbian recognizer during the boot sequence. The hearing officer applied the four step test set out in Windurfing as amended by Pozzolli and held that the application did not make an Inventive step in the light of the patent citations and documents identified on the Internet. Specifically, the hearing officer found that the internet citations formed part of the common general knowledge of the skilled programmer who would as a matter of course search the Internet for a solution when faced with a programming problem.
The hearing officer also found that the application was excluded as a computer program. Applying the Aerotel test in the light of Symbian, the hearing officer held that the contribution was the loading of a virus checker during the boot sequence. Having established that a recogniser was a component part of the Symbian Operating system and ran during the booting sequence the hearing officer found that the only contribution was in the choice of the application being run. The hearing officer further considered whether there was a technical contribution present and having decided there was not, refused the application.
