T 0655/92 (Contrast agent for NMR imaging) vom 11.02.1997

I. The use of a substance or composition for the manufacture of a preparation to be used in a specific method may derive its novelty from the subsequent use of the preparation in this specific method only if said method is one of those excluded from patentability by virtue of Article 52(4) EPC (see G 5/83, OJ EPO 1985, 64).

II. Methods for determining chemical or physical conditions which do not include any stages or measures requiring a doctor to carry them out but rather a technician in order to provide a basis for the doctor's subsequent activity of diagnosis may not necessarily fall within the exclusion of Article 52(4) EPC (see e.g. T 385/86, OJ EPO 1988, 308).

III. However, the diagnostic character of a process, within the meaning of Article 52(4) EPC, may be recognised in that such a process for which protection is sought does include essential steps which are to be implemented by medical staff or under the responsibility of a doctor (see reasons point 5.2).