T 0385/86 (Non-invasive measurement) of 25.09.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:T038586.19870925
- Date of decision
- 25 September 1987
- Case number
- T 0385/86
- Petition for review of
- -
- Application number
- 83104834.3
- IPC class
- G01N 24/08
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- Verfahren zur nichtinvasiven Ermittlung von Messwerten innerhalb eines lebenden Körpers
- Applicant name
- Bruker
- Opponent name
- -
- Board
- 3.4.01
- Headnote
1. The only diagnostic methods to be excluded from patent protection are those whose results immediately make it possible to decide on a particular course of medical treatment. Methods providing only interim results are thus not diagnostic methods in the meaning of Article 52(4), first sentence EPC, even if they can be utilised in making a diagnosis.
2. A method involving interaction with the human or animal body is susceptible of industrial application if it can be used with the desired result by a technician without specialist medical knowledge and skills.
3. As an exclusion clause, Article 52(4), first sentence, EPC must be narrowly construed. A diagnostic method is practised on the human or animal body in the meaning of this provision only if both examination and establishing the symptoms on the basis of the examination results are performed on a living human or animal body.
- Relevant legal provisions
- European Patent Convention Art 52(4) 1973
- Keywords
- Diagnostic method - interim results
Interpretation of legal provisions - exlusion clause - Catchword
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- Cited cases
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ORDER
For these reasons, It is decided that:
1. The contested decision is set aside.
2. The matter is referred back to the Examining Division for further examination on the basis of the original Claims 1 to 14.