T 0182/90 (Blood flow) of 30.07.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T018290.19930730
- Date of decision
- 30 July 1993
- Case number
- T 0182/90
- Petition for review of
- -
- Application number
- 86102544.3
- 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
- -
- Applicant name
- See-Shell
- Opponent name
- -
- Board
- 3.2.02
- Headnote
I. The presence of a surgical step in a multi-step method for treatment of the human or animal body normally confers a surgical character on that method (cf. point 2.5.1).
II. However, a method which includes a surgical step practised on a living laboratory animal and, in addition, a step of sacrificing said animal, which step is also necessary to carry out the method, cannot be regarded in its entirety as a method for treatment of the animal by surgery in the sense of Article 52(4) EPC (cf. point 2.5.2).
- Relevant legal provisions
- European Patent Convention Art 52(4) 1973European Patent Convention R 67 1973
- Keywords
- Patentable inventions - surgical treatment (no)
- Catchword
- -
- Cited cases
- -
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 on the basis of the claims filed on 13 July 1993.
3. The request for reimbursement of the appeal fee is rejected.