Whether or not a claimed invention is excluded from patentability under Art. 53(c) EPC depends upon the wording of the claim in question (see T 820/92, OJ 1995, 113; T 290/86, OJ 1992, 414; T 780/89, OJ 1993, 440 and T 1077/93). As a general rule, it is irrelevant for the purposes of Art. 53(c) EPC whether there are other therapeutic effects in addition to the claimed non-therapeutic use if those additional therapeutic effects can be clearly distinguished from the non-therapeutic use and are not covered by the subject‑matter of the claim. If, however, the scope defined by the wording of the claim encompasses a use comprising a non-therapeutic element which is inseparably associated with a therapeutic element and that latter element is an essential part of the claimed method, the method is non‑patentable under Art. 53(c) EPC (T 1635/09, OJ 2011, 542; T 290/86, OJ 1992, 414).
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_i_b_4_4_2.htm
Date retrieved: 17 May 2021