At paragraph 12 of the judgment the Court of Appeal said -

"... In EU law exceptions to a general principle are generally interpreted restrictively ... But Art. 53 is not the same as Art.52(2). It is expressly entitled "Exceptions to patentability." The exceptions are clearly specified as such and the exception principle of construction can and does apply to them. But Art.52(2), by contrast, is not expressed as an exception to patentability - it sets out positive categories of things which are not to be regarded as inventions." (emphasis added)

Yet Article 52 itself, goes on [at paragraph 3 - i.e. Art.52(3)] to refer to paragraph 2 [i.e. Art.52(2)] as containing exceptions to patentability* -

"(3) The provisions of paragraph 2 [i.e. Art.52(2)] shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such." (emphasis added)

(*It is submitted that, for all intents and purposes, exclusions from patentability are the same thing as exceptions to patentability.)

www.ukcorporator.co.uk