T 0233/96 (Adrenaline/MEDCO RESEARCH) vom 04.05.2000

Novelty (yes): after limitation
Inventive step (no): claimed diagnostic application of adenosine obvious in view of its known diagnostic and therapeutic application
Second auxiliary request: reference to
no novel diagnostic application

If the use of a compound was known in the treatment or diagnosis of a disease of a particular group of subjects, the treatment or diagnosis of the same disease with the same compound could nevertheless represent a novel therapeutic or diagnostic application, provided that it is carried out on a new group of subjects which is distinguished from the former by its physiological or pathological status (T 0019/86, T 0893/90).
This does not apply, however if the group chosen overlaps with the group previously treated or the choice of the novel group is arbitrary which means that no functional relationship does exist between the particular physiological or pathological status of this group of subjects (here humans who are unable to exercise adequately) and the therapeutic or pharmacological effect achieved.