453. Matters to which court must have regard.

When considering the question of patentability1, the court has regard to the substance of what is being claimed and not to the form of the words used2. Thus, for example, claims to a conventional computer containing a novel computer program or to a process for programming such a computer with a novel program have been regarded as claims to a computer program as such and hence unpatentable3. Whether an alleged invention is patentable depends upon what technical contribution the invention as a whole makes to the known art4. There must be some technical advance on the prior art in

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