In G 1/07
the Enlarged Board of Appeal disapproved of the broad construction of interventions of a surgical nature corresponding to the practice of the EPO, such as in decisions T 182/90
and T 35/99
, namely that all methods involving irreversible damage to or destruction of living cells or tissues of the living body were regarded as non-insignificant interventions and thus as surgical treatments, irrespective of the underlying mechanism of the intervention (e.g. mechanical, electrical, thermal, chemical). According to the Enlarged Board this view was overly broad when considering today's technical reality. The definition given obiter dicta in G 1/04
that ""any physical intervention" on the human or animal body…" is a method of surgery within the meaning of Art. 52(4) EPC 1973
appeared too broad.