T 0035/99 (Pericardial access/GEORGETOWN UNIVERSITY) vom 29.09.1999

In contrast to procedures whose end result is the death of the living being "under treatment", either deliberately or incidentally (eg the slaughter of animals or methods for measuring biological functions of an animal which comprise the sacrificing of said animal, cf. T 182/90), those physical interventions on the human or animal body which, whatever their specific purpose, give priority to maintaining the life or health of the body on which they are performed, are "in their nature" methods for treatment by surgery within the meaning of Article 52(4) EPC.

The terms "treatment" and "surgery" in Article 52(4) EPC cannot be considered as constituting two distinct requirements for the exclusion provided therein. The exclusion encompasses any surgical activity, irrespective of whether it is carried out alone or in combination with other medical or non-medical measures.