T 0775/97 of 03.04.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T077597.20010403
- Date of decision
- 3 April 2001
- Case number
- T 0775/97
- Petition for review of
- -
- Application number
- 93300047.3
- IPC class
- A61F 2/06
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Method and apparatus for bilateral intra-aortic bypass
- Applicant name
- EXPANDABLE GRAFTS PARTNERSHIP
- Opponent name
- -
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112(1) 1973European Patent Convention Art 52(4) 1973European Patent Convention Art 54(5) 1973
- Keywords
- Constructions which are only arrived at in the human body following a surgical method step, are not allowable under Article 52(4) EPC
Purpose-related use claims in the second medical indication format not applicable to surgical devices - Catchword
- No European patent can be granted with claims directed to a new and even possibly inventive way of using materials or devices, in particular endoprotheses, involving a treatment by surgery. This is equally true for product claims defined by a construction which is only arrived at in the human or animal body following a surgical method step.
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The request for referral of questions to the Enlarged Board of Appeal is rejected.
3. The case is remitted to the first instance with the order to grant a patent on the basis of the set of claims 1 to 24 submitted as (auxiliary) request at the oral proceedings, Figures as originally filed and the description to be adapted.