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Case Law of the Boards of Appeal

 
 
8.17. Evidence of inventive step in the field of medicine
In T 619/94 the board held that features that were known or obvious in the field of sandblasting could not automatically be transferred to the medical field without considering the particular situation in the latter field, since in the case in point the consistency of the human tissue to be removed by abrasion was different from that of the material normally removed by sandblasting.
In T 913/94 the invention related to the use of a specific agent in the preparation of a medicament against gastritis. In the board's view, though gastritis and ulcer were distinct diseases, they had common aspects in relation to their causative factors. In the case in point the board investigated, whether an anti-ulcer medicament would also have been expected to be active against gastritis. It concluded that, if the manifestations of the second more serious disease (ulcer) were known to run through the manifestations of the first disease, and this assumption reliably substantiated was not confuted, then the activity of a medicament against the more serious disease would already strongly suggest an effect against the less serious one as well. Thus, the said agent was known for the treatment of experimentally-induced ulcer; its use for the preparation of a medicament for the treatment of gastritis did not involve any inventive merit.