Patentability of Diagnostic Methods and Biomarkers.pptVIP

 * * * * * * * * * 1 * * * * US method claims considered to recite noting more that the abstract mental steps necessary to compare two different nucleotide sequences; one looks at the first position in a first sequence and determines the nucleotide sequence at that first position; looks at the first position in the second sequence; determines if the nucleotide at the first position in the first sequence and the first position in the second sequence are the same or different, wherein the latter indicates an alteration; and repeats for the next position – CAFC - Do not apply the step of comparing the nucleotide sequences in a process. Rather, the step of comparing the two DNA sequences is the entire process that is claimed. * Discussion that board considered an intravenous injection of a contrast agent into a vein remote from the artery represents a minor routine intervention which does not imply a substantial health risk when carried out with the required skill and care Risk matrix used by board Method not excluded under Art 53(c) * * * * 1 * T 836/01, T1642/06 T 836/01 In spite of the above overlap in composition and disease treatment aimed at, the board observes that the claimed invention relies upon a different technical effect from the one disclosed in document (1). Document (1) discloses indeed the use of interferon-?2 for the purpose of activating mature lymphoid cells exerting cytolytic T cell activity on cancer cells (see document (D1), page 11, lines 2 to 12) or to stimulate the immune system of patients undergoing (cancer) radio- or chemotherapy (page 9, end of first full paragraph). T1642/06 The prior art in T 290/86 disclosed the use of lanthanum salts to reduce the solubility of tooth enamel, which would inhibit tooth decay. The prior art in the present case discloses the use of sigma ligands to inhibit tumour cell survival, which would treat cancer. The overlap in the therapeutic application of the use of the prior art and the use of the