4.4.4 "Treatment by surgery" in the case law since G 1/07
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In T 992/03 of 4 November 2010 date: 2010-11-04, 129Xe gas was used as part of the claimed method. The board referred to G 1/07 according to which "there is an exclusion from patentability as a surgical method only if the health risk is associated with the mode of administration and not solely with the agent as such" and any anaesthetic effect of the 129Xe gas thus did not fall under the exclusion.