7.2. Second (or further) medical use

Catchword: 

1. Novelty in the case of purpose-limited product claims pursuant to Article 54(5) EPC relying on a dosage regimen defined by a numerical range, see point 2.6 of the reasons.  2. Limits to the application of the concept of bonus effect, see point 3.4.3 of the reasons.

Catchword:

The question of whether a material or an object is a "substance or composition" in the sense of Articles 53(c) and 54(4)or (5) EPC should be decided, in the first place, on the basis of the claimed material or object as such. If this analysis leads to the conclusion that indeed a substance or composition is present, this requirement of Article 54(4) or (5) EPC is fulfilled. No additional restrictions relating to its mode of action are derivable from the EPC (reasoning, point 12) .

Catchword: 

On the assessment of novelty under Article 54(5) EPC (point 2 of the reasoning), in particular when a claim defines a combined surgical and therapeutic method (points 3.2 and 5 of the reasoning)

Catchword:  No protection according to Article 54(5) EPC for a device