T 1197/02 of 12.07.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T119702.20060712
- Date of decision
- 12 July 2006
- Case number
- T 1197/02
- Online on
- 18 September 2006
- Petition for review of
- -
- Application number
- 95917232.1
- IPC class
- A61B 3/024
- 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 early detection of glaucoma
- Applicant name
- THE AUSTRALIAN NATIONAL UNIVERSITY
- Opponent name
- -
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 52(4) 1973European Patent Convention Art 84 1973
- Keywords
- Diagnostic method (yes)
Apparatus formally acceptable (after amendments) - Catchword
- In a claim concerning a diagnostic method, only the steps strictly describing the examination phase involving the collection of data, the comparison of these data with standard values, the finding of any significant deviation and the attribution to a clinical picture have to be taken into account for determining the diagnostic character of the claimed method.
Additional, intermediate, preparatory steps which may be introduced into the claimed method are irrelevant when assessing the diagnostic character of the method. It is therefore not necessary that these additional steps which are of a technical nature or are using technical means, fulfil the criterion "practised on the human or animal body" (see point 2.2). - Cited cases
- G 0001/04
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside
2. The case is remitted to the department of the first instance for further prosecution on the basis of the fifth auxiliary request.