T 0227/91 (Second surgical use) of 15.12.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T022791.19921215
- Date of decision
- 15 December 1992
- Case number
- T 0227/91
- Petition for review of
- -
- Application number
- 86306762.5
- IPC class
- A61B 17/36
- 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
- Codman & Schurtleff
- Opponent name
- -
- Board
- 3.2.02
- Headnote
The purpose of a surgical use alone cannot render the subject-matter of a claim relating to the use of the components of a known instrument for its manufacture, i.e. assembly, novel" (distinguishing from the manufacture of a known medicament for a second therapeutic purpose - cf. Point 5.2 of the Reasons).
- Relevant legal provisions
- European Patent Convention Art 54(1) 1973European Patent Convention Art 84 1973
- Keywords
- Lack of clarity; indefinite parameter
Lack of novelty; generic claim anticipated by a specific disclosure
Relations between use claim and device-by-process claim
Second surgical use - Catchword
- -
- Cited cases
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ORDER
For these reasons, it is decided that:
The appeal is dismissed.