APPLIED BY THE COMMISSION ARE IN ACCORDANCE WITH THE COMMUNITY RULES AND WHETHER IN APPLYING THOSE CRITERIA THE COMMISSION TOOK ACCOUNT OF THE OBJECTIVE CHARACTERISTICS OF THE COMPUTERS REFERRED TO BY THE DECISION . IT IS THEREFORE NECESSARY TO EXAMINE BOTH THE CRITERIA EMANATING FROM THE DECISION ITSELF AND THOSE WHICH WERE STATED BY THE COMMISSION IN THE COURSE OF THE PROCEEDINGS BEFORE THE COURT .
20 THE DECISION FINDS THAT THE APPARATUS IN QUESTION ARE COMPUTERS AND STATES THAT THEY DO NOT HAVE THE REQUISITE OBJECTIVE CHARACTERISTICS MAKING THEM SPECIFICALLY SUITED TO SCIENTIFIC RESEARCH AND THAT APPARATUS OF THE SAME KIND ARE PRINCIPALLY USED FOR NON-SCIENTIFIC ACTIVITIES . THE DECISION DOES NOT MAKE CLEAR WHETHER THOSE STATEMENTS RELATE TO COMPUTERS IN GENERAL OR WHETHER THEY REFER SPECIFICALLY TO THE TWO TYPES OF COMPUTER IN QUESTION . IN THE COURSE OF THE PROCEDURE BEFORE THE COURT HOWEVER , THE COMMISSION CONTENDED THAT AT LEAST THE LAST OF THESE STATEMENTS CONCERNED COMPUTERS IN GENERAL AND THAT , IN ITS VIEW , NO COMPUTER MAY BE REGARDED AS BEING SCIENTIFIC IN NATURE UNLESS IT IS INCORPORATED IN EQUIPMENT WHICH , CONSIDERED AS A WHOLE , HAS THAT NATURE .
21 THE COMMISSION HAS STATED THAT A COMPUTER IS NOT A SCIENTIFIC ' ' INSTRUMENT ' ' BECAUSE IT IS IMPOSSIBLE TO MEASURE , REVEAL , TRANSFORM OR PROCESS ANY PHYSICAL DIMENSION OR CHARACTERISTIC WITH A COMPUTER . LIKEWISE IT MAY NOT BE CLASSIFIED AS A ' ' SCIENTIFIC ' ' INSTRUMENT OR APPARATUS BECAUSE CALCULATION AS SUCH DOES NOT CONSTITUTE A SCIENTIFIC ACTIVITY .
22 THE APPLICANT CONSIDERS THAT THESE DEFINITIONS HAVE BEEN RENDERED COMPLETELY OBSOLETE BY MODERN SCIENCE . IN A NUMBER OF FIELDS , IN PARTICULAR IN THEORETICAL PHYSICS AND CHEMISTRY , THE COMPUTER CONSTITUTES THE ONLY EFFECTIVE TOOL FOR THE SCIENTIST AND THE EXTREMELY COMPLICATED EQUATIONS WHICH ONLY A COMPUTER CAN SOLVE WITHIN A REASONABLE PERIOD FORM THE BASIS OF THE RESULTS OF RESEARCH .
23 THESE ARGUMENTS OF THE APPLICANT MUST BE UPHELD . THE LANGUAGE OF THE ABOVE-MENTIONED PROVISIONS OF THE COMMUNITY REGULATIONS PROVIDES NO SUPPORT FOR THE RESTRICTIVE INTERPRETATION PUT FORWARD BY THE COMMISSION . NEITHER THE ETYMOLOGY OF THE WORDS ' ' INSTRUMENT ' ' AND ' ' APPARATUS ' ' NOR THE USAGE OF THOSE WORDS IN EVERYDAY LANGUAGE JUSTIFIES THE NARROW DEFINITIONS ADOPTED BY THE COMMISSION .
24 THE COMMISSION FURTHER CONTENDS THAT , IF IT IS POSSIBLE TO CLASSIFY A COMPUTER AS A SCIENTIFIC APPARATUS THIS IS BECAUSE OF ITS APPLICATION SOFTWARE AND NOT OF ITS HARDWARE OR OF ITS SYSTEM SOFTWARE . IT DRAWS A COMPARISON WITH A ROCKET . AN EMPTY ROCKET CAN NEVER BE CONSIDERED A SCIENTIFIC APPARATUS . ONLY WHEN SCIENTIFIC INSTRUMENTS ARE PLACED IN THE ROCKET DOES ITS PURPOSE BECOME SCIENTIFIC . THE APPLICATION SOFTWARE IS INTERCHANGEABLE , LIKE THE INSTRUMENTS IN THE ROCKET . FOR THAT REASON , TOO , A COMPUTER AS SUCH CAN NEVER BE CLASSIFIED AS A SCIENTIFIC APPARATUS .
25 THE APPLICANT