On the particular facts of the case before it, the Enlarged Board held in G 1/07 that a claimed imaging method is not to be considered as being a "treatment of the human or animal body by surgery" within the meaning of Art. 53(c) EPC merely because during a surgical intervention the data obtained by the use of the method immediately allow a surgeon to decide on the course of action to be taken during a surgical intervention.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_i_b_4_3_6.htm
Date retrieved: 17 May 2021