The patent concerned claims a method of cooling animals characterized in that the animals are cooled in a milking stall so that the animals go to the milking stall spontaneously. The patentee added a disclaimer of therapeutic use. The claim covered only carrying out the invention on animals that are neither in a pathological state nor likely to develop one. The Board rejected the opponent’s argument that the claim still had to be excluded as a method of therapy because it would inevitably involve therapeutic aspects. ‘Therapy’ concerned bringing a body from a pathological state back into its normal healthy state or preventing a pathological state. Relief of discomfort is not considered as therapy per se.
Click here for the full text of this case.
A full summary of this case has been published on Kluwer IP Law.
________________________
To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.
