T 0964/99 (Device and method for sampling of substances using alternating polarity/CYGNUS, INC) of 29.06.2001

1. The expression "diagnostic methods practised on the human or animal body" in Article 52(4) EPC or the equivalent expressions "Diagnostizierverfahren, die am menschlichen oder tierischen Korper vorgenommen werden" and "méthodes de diagnostic appliquées au corps humain ou animal" in the other two official languages should not be considered to relate to methods containing all the steps involved in reaching a medical diagnosis.

2. According to the principle, well-established in the case law of the Boards of Appeal, that the EPC has to be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context (Article 31(1) Vienna Convention on the Law of Treaties), Article 52(4) EPC is meant to exclude from patent protection all methods practised on the human or animal body which relate to diagnosis or which are of value for the purposes of diagnosis.

3. A step of iontophoretically sampling a substance from the living human or animal body for diagnostic purposes has to be considered a diagnostic method within the meaning of Article 52(4) EPC.