From peppers to watermelons: Navigating the "dynamic interpretation" of plant and animal patentability (T 2049/23)

The Enlarged Board of Appeal (EBA) decision in G 3/19 (Pepper) infamously performed a "dynamic interpretation" to exclude plants obtained by essentially biological processes. This dynamic interpretation amounted to a reversal of the EBA's previous affirmative answer in G 2/12 (Broccoli/Tomato II) to the exact same question in response to political pressure (see IPKat:&