4.3.6 Data obtained during surgery

On the particular facts of the case before it, the Enlarged Board held in G 1/07 that a claimed imaging method is not to be considered as being a "treatment of the human or animal body by surgery" within the meaning of Art. 53(c) EPC merely because during a surgical intervention the data obtained by the use of the method immediately allow a surgeon to decide on the course of action to be taken during a surgical intervention.