T 0024/91 (Cornea) of 05.05.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T002491.19940505
- Date of decision
- 5 May 1994
- Case number
- T 0024/91
- Petition for review of
- -
- Application number
- 89103409.2
- 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
- Apparatus and process for application and adjustable reprofiling of synthetic lenticules for vision correction
- Applicant name
- Thompson
- Opponent name
- -
- Board
- 3.2.02
- Headnote
I. A method for treatment of the human body can normally be said to fall within the exclusion of the first sentence of Article 52(4) EPC at least in those cases where, in view of the health risks connected with such a treatment, it has to be performed by a physician or under his supervision (cf. point 2.4 of the Reasons).
II. A process for reprofiling the anterior curvature of a synthetic lenticule, secured to the cornea of the human eye for correcting vision, by ablating (i.e. removing) with a laser portions of said lenticule represents a method for treatment of the human body by therapy and is therefore excluded from patentability under Article 52(4) EPC (cf. point 2.8 of the Reasons).
- Relevant legal provisions
- European Patent Convention Art 52(4) 1973
- Keywords
- Patentable inventions - medical treatment (yes)
- 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 with the order to grant a patent in the version according to the auxiliary request set out in point III above.