"In T 1173/97 the Board of Appeal decided that in case the claimed computer program product had the potential to bring about a further technical effect when executed on a computer, i.e. a technical effect going beyond the "normal" physical interactions between program (software) and computer (hardware), it would not be excluded under Art. 52 (2) and (3) as a computer program as such. In the decision T 424/0318 cited in the referral of the EPO President, the finding of T 1173/97 was confirmed in that it was decided that the computer-executable instructions have the potential of achieving the further technical effect of enhancing the internal operation of the computer, which goes beyond the elementary interaction of any hardware and software of data processing. Therefore, the computer program recorded on the medium at issue in the decision was not considered to be a computer program as such within the meaning of Art. 52 (2) and (3) EPC, and thus contributes to the technical character of the claimed subject-matter."