●● IRC: #techbytes @ Techrights IRC Network: Saturday, September 09, 2023 ●● ● Sep 09 [00:08] *You are now known as schestowitz [00:54] schestowitz http://ipkitten.blogspot.com/2023/08/make-no-bones-about-it-credibility-test.html?showComment=1694103240953#c6519183139123958630 [00:54] schestowitz "Kant, you make an excellent point, but I remind you of T2003/08, which 'stretched' a Swiss-style medical use claim to cover use of particular column to treat a patients plasma outside the body. See the relevant claim below:

1. Use of a specific ligand for human immunoglobulin in the manufacture of a column having said ligand coupled thereto for the treatment of a patient suffering from dilated cardiomyopathy, said tre [00:54] schestowitz atment comprising passing plasma of the patient over the column under conditions which effect the binding of said specific ligand to immunoglobulin in the patient's plasma, thereby removing a significant portion of the immunoglobulin from the patient's plasma, and reinfusing the plasma to the patient.

[Also discussed in old IPKat article here https://ipkitten.blogspot.com/2014/05/swiss-type-claims-and-double-patenting.htm [00:54] schestowitz l]

So my belief is that the substance does not need to provide the therapeutic effect. Only the medical method as a whole needs to do that as recited in the claim. I believe T1020/03 established that ANY method of treatment can be expressed as an allowable medical use claim if a substance is somehow involved. The in vivo diagnostics case law for contrast agents for use in MRI also supports this approach with the invention oft [00:54] schestowitz en being in the MRI method, and not in a new contrast agent." [00:54] -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 [00:54] -TechBytesBot/#techbytes- ( status 404 @ https://ipkitten.blogspot.com/2014/05/swiss-type-claims-and-double-patenting.htm ) [00:55] schestowitz "The adaptation of the description is not the subject of this post and I agree there is no reason to discuss this issue now. I am only surprised that you call it an old story since a referral to the EBA is suggested by the Board of case T 56/21. If it happens, the issue will be a very hot topic again and there will be ample opportunity for debates.

From the Boards communication of June suggesting the referral, I take this [00:55] schestowitz robust policy statement : It is not for the Office to harmonise the extent of protection conferred by European patents (and applications) by bringing the description and/or the drawings the amended claims held allowable. (Reason 3.2.3)." [00:55] schestowitz "Mr. Thomas, for your reference, CIPA and CNIPA are not the same body. CNIPA was the "Committee of National Institutes of Patent Agents", a loose association of European patent bar associations, such as CIPA, PAK etc." ● Sep 09 [01:46] *jacobk has quit (Ping timeout: 2m30s) ● Sep 09 [03:15] *jacobk (~quassel@8cgmbeq9ipg9s.irc) has joined #techbytes [03:18] *MinceR gives voice to jacobk ● Sep 09 [05:24] *jacobk has quit (Ping timeout: 2m30s) [05:31] *jacobk (~quassel@8cgmbeq9ipg9s.irc) has joined #techbytes ● Sep 09 [06:27] *jacobk has quit (Ping timeout: 2m30s) ● Sep 09 [07:25] *jacobk (~quassel@32hz32it3ih2k.irc) has joined #techbytes ● Sep 09 [09:38] *u-amarsh04 has quit (Quit: Konversation terminated!) [09:42] *u-amarsh04 (~amarsh04@tqmhqqifyxsti.irc) has joined #techbytes ● Sep 09 [13:14] *MinceR gives voice to u-amarsh04 jacobk [13:18] *jacobk has quit (Ping timeout: 2m30s) ● Sep 09 [22:13] *XFaCE has quit (Quit: Retiring completely for now ("Automatic for the people, thanks for all the fish")) [22:14] *Noisytoot has quit (Quit: ZNC 1.8.2 - https://znc.in) [22:15] *XFaCE (~XFaCE@uzfeivw9fp6ba.irc) has joined #techbytes [22:16] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes [22:16] *MinceR gives voice to XFaCE Noisytoot [22:20] *liberty_box has quit (Quit: Leaving)