T 1075/06 of 17.05.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T107506.20110517
- Date of decision
- 17 May 2011
- Case number
- T 1075/06
- Petition for review of
- -
- Application number
- 00961403.3
- IPC class
- A61M 37/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Blood separation systems and methods using a multiple function pump station to perform different on-line processing tasks
- Applicant name
- Fenwal, Inc.
- Opponent name
- -
- Board
- 3.2.02
- Headnote
I. Venipuncture of blood donors and the extraction of blood from a donor's body represent substantial physical interventions on the body which require professional medical expertise to be carried out and which entail a substantial health risk even when carried out with the required professional care and expertise. A method claim comprising steps encompassing such procedures is a method for treatment of the human body by surgery which is excluded from patentability under Article 53(c) EPC (Reasons, 2.1.1).
II. A method claim comprising the step of returning processed blood, depleted of some of its components and charged with an anticoagulant, to a donor is a method for treatment of the human body by therapy which is excluded from patentability under Article 53(c) EPC (Reasons, 2.1.2).
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 52(4) 1973European Patent Convention Art 53(c)European Patent Convention Art 54(1)European Patent Convention Art 54(2)
- Keywords
- Exclusion from patentability (yes)
Novelty (no) - Catchword
- -
ORDER
For these reasons it is decided that:
The appeal is dismissed.