T 0383/03 (Hair removal method/THE GENERAL HOSPITAL CORP.) of 01.10.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T038303.20041001
- Date of decision
- 1 October 2004
- Case number
- T 0383/03
- Petition for review of
- -
- Application number
- 02076295.1
- IPC class
- A61B 18/20
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Hair removal method using optical pulses
- Applicant name
- THE GENERAL HOSPITAL CORPORATION
- Opponent name
- -
- Board
- 3.2.02
- Headnote
If a method involving a physical intervention on the human or animal body (treatment by surgery) is clearly neither suitable nor potentially suitable for maintaining or restoring the health, the physical integrity, or the physical well-being of the person or animal, then the method does not fall under the exclusion from patentability provided for in Article 52(4) EPC.
- Relevant legal provisions
- European Patent Convention Art 52(4) 1973European Patent Convention Art 57 1973
- Keywords
- Method of treatment by surgery excluded from patentability (no)
- Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance for further prosecution according to claims 1 to 18 of the main request.