Recently, the ATLAS collaboration reported the observation of a new neutral particle in the search for the Standard Model Higgs boson. The measured production rate of the new particle is consistent with the Standard Model Higgs boson if it has a mass of about 125 GeV. This note reports on the compatibility of the observed excess in the $H\rightarrow WW^{(*)}\rightarrow e \nu \mu \nu$ search with either a spin-0 or a spin-2 particle with positive charge-parity. Analysis of the LHC collision data collected in 2012 with the ATLAS detector results in the exclusion of a benchmark spin-2 model at 95% confidence level, in favour of the Standard Model Higgs boson.

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