●● IRC: #techbytes @ Techrights IRC Network: Saturday, September 02, 2023 ●● ● Sep 02 [00:01] DaemonFC Google is making new formats almost faster than rabbits can reproduce. Frequently, and without much thought. [00:50] *jacobk has quit (Ping timeout: 2m30s) ● Sep 02 [01:05] *jacobk (~quassel@nze7sex4gemfs.irc) has joined #techbytes [01:08] *MinceR gives voice to jacobk [01:13] *jacobk has quit (Ping timeout: 2m30s) ● Sep 02 [04:58] *jacobk (~quassel@32hz32it3ih2k.irc) has joined #techbytes ● Sep 02 [11:37] *MinceR gives voice to jacobk ● Sep 02 [15:26] *jacobk has quit (Ping timeout: 2m30s) ● Sep 02 [18:18] schestowitz http://ipkitten.blogspot.com/2023/08/make-no-bones-about-it-credibility-test.html?showComment=1693576927134#c7386432368335850776 [18:18] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Make no bones about it: The "credibility test" has no place in the novelty assessment of second medical use claims (T 0558/20) - The IPKat [18:18] schestowitz "Dear Santa,

The claim you mention is the claim as granted which has been considered lacking N over D3, but for other reasons than that of the OD.

The claim considered allowable by the board is claim 1 of AR2 and reads:

A bone regenerative material comprising calcium sulfate, calcium phosphate, or demineralized bone matrix (DBM), or a combination thereof, for use in a method of treating a patient suffe [18:18] schestowitz ring from a degenerative bone condition that can be characterized by a loss of bone mineral density (BMD), the method comprising:
forming a channel into the interior of a localized area of intact bone, using the channel as access, forming a void of dimensions greater than the channel in the localized area of intact bone by clearing degenerated bone material and optionally removing a portion of the degenerated bone material, at leas [18:18] schestowitz t partially filling the formed void with a bone regenerative material that facilitates formation of new, non-degenerated bone material in the void.

In this claim, the void created for receiving the bone regenerative material is greater than the channel. As D3 does not disclose forming a channel and using this channel as an access to form a void greater than the channel in the bone. In D3 a hole is drilled, and nothing more. T [18:18] schestowitz his difference was enough for the board to consider the subject-matter of claim 1 of AR2 novel and inventive.

Dear F. Hagel,

The commercial value of a patent as upheld by the Board is irrelevant when considering the allowability of the claim in matters of sufficiency, N and IS. If the subject-matter of the claim is inventive over the CPA, and there are no other obstacles, the EPO has no legal reason to refuse a pa [18:18] schestowitz tent. What the proprietor does with its patent is none of the business of the EPO. Patents not coming on the market are often considered as the hidden part of an iceberg.

There is no doubt that the substance is known, otherwise we would not be in presence of a second medical use. Second medical use has often been belittled as being a patent on the leaflet accompanying the substance. It has at least he merit to exist and has [18:18] schestowitz also been the source of some quite arduous litigation, cf. the pregabalin.case in the UK. " ● Sep 02 [19:54] schestowitz > Hi Roy, [19:54] schestowitz > [19:54] schestowitz > Would you and yours maybe like to review the first [19:54] schestowitz > episode of season 2 of Cybershow? [19:54] schestowitz > [19:54] schestowitz > all best, [19:54] schestowitz Listening now... ● Sep 02 [20:09] *jacobk (~quassel@32hz32it3ih2k.irc) has joined #techbytes [20:10] *MinceR gives voice to jacobk [20:39] schestowitz I listened to the first half of the show and will continue tomorrow. I liked what I heard (so far). My wife will also listen. [20:39] schestowitz I've meanwhile promoted it in Techrights, hoping that more people will listen to this episode. [20:39] schestowitz It looks like YouTuvbe removed the audio from your debut. Typical Google! ● Sep 02 [21:26] *jacobk has quit (Ping timeout: 2m30s) [21:41] *jacobk (~quassel@99ed6ukzxymmc.irc) has joined #techbytes [21:52] *MinceR gives voice to jacobk ● Sep 02 [23:12] DaemonFC Did they list a specific reason? [23:39] *jacobk has quit (Ping timeout: 2m30s)