T 0024/91 (Cornea) of 5.5.1994 | XEPC: EPC and PCT resource

European Case Law Identifier:

ECLI:EP:BA:1994:T002491.19940505

Date of decision:

05 May 1994

Case number:

T 0024/91

Application number:

89103409.2

IPC class:

A61F 9/00
A61F 2/14

Language of proceedings:

Distribution:

Download and more information:

Decision text in EN (PDF, 336Â KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in:	EN
Versions:	OJ \| Published

Title of application:

Apparatus and process for application and adjustable reprofiling of synthetic lenticules for vision correction

Applicant name:

Thompson, Keith, P.

Opponent name:

Board:

3.2.02

Headnote:

I. A method for treatment of the human body can normally be said to fall within the exclusion of the first sentence of Article 52(4) EPC at least in those cases where, in view of the health risks connected with such a treatment, it has to be performed by a physician or under his supervision (cf. point 2.4 of the Reasons).
II. A process for reprofiling the anterior curvature of a synthetic lenticule, secured to the cornea of the human eye for correcting vision, by ablating (i.e. removing) with a laser portions of said lenticule represents a method for treatment of the human body by therapy and is therefore excluded from patentability under Article 52(4) EPC (cf. point 2.8 of the Reasons).

Relevant legal provisions:

European Patent Convention 1973 Art 52(4)

Keywords:

Patentable inventions - medical treatment (yes)

Catchwords:

Cited decisions:

T 0245/87
T 0426/89
T 0182/90

Citing decisions: