Examples - Treatment Method

General. The following hypothetical examples teach this concept:

Hypothetical Example No. 1. Vannevar invents a novel medical procedure that does not involve using a machine, manufacture or composition of matter, practicing the use of a composition of matter or practicing a biotechnology. The process is searched or examined if the USPTO is the ISA and IPEA but not searched and examined if the EPO is the ISA and the IPEA.

Hypothetical Example No. 2. Ilya invents a purely surgical procedure for use on animals in medical research. The process is searched or examined if the USPTO is the ISA and IPEA but not searched and examined if the EPO is the ISA and the IPEA.

Patents. The following actual issued U.S. patent teaches this concept:

U.S. Patent No. 5,080,111 The patented surgical technique for use in cataract surgery that provided the political impetus for the amendment of 35 U.S.C. 287.


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