T 0329/94 (Blood extraction method) of 11.06.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T032994.19970611
- Date of decision
- 11 June 1997
- Case number
- T 0329/94
- Petition for review of
- -
- Application number
- 88901721.6
- IPC class
- A61M 1/02
- 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
- APPAREIL ET PROCEDE AUXILIAIRES D'EXTRACTION SANGUINE
- Applicant name
- BAXTER INTERNATIONAL
- Opponent name
- -
- Board
- 3.2.02
- Headnote
I. The need for a medical practitioner to perform a measure on the human body or supervise such an operation is not the sole criterion by which a method step has to be assessed with regard to the exclusion of subject-matter from patenting under Art. 52(4) EPC. The purpose and inevitable effect of the step at issue are much more important.
II. If the claimed subject-matter is actually confined to operating an apparatus for performing a method with the technical aim of facilitating blood flow towards a blood extraction point, the operating method has no therapeutic purpose or effect and, therefore, is not excluded from patentability.
- Relevant legal provisions
- European Patent Convention Art 52(4) 1973
- Keywords
- Therapeutic, surgical or diagnostic method - (no)
- 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 for further prosecution on the basis of claims 1 to 17 according to the main request (see point II(1)).