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March 03, 2010

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Brad,

If the second style of "use" claim is acceptable in the EPO, I'm fine with the "death" of the Swiss-style claim, a macabre solution to a thorny problem with the original EPC.

It doesnt appear to be a complete ban, rather.

Where the subject matter of a claim is rendered novel ONY by a new therapeutic use of a medicament, such claim may no longer have the format of a so called Swiss-type claim as instituted by decision G 5/83. (emphasis added)

It would just seem that the swiss claim would not be necessary.

The first and broadest type of use claim is the first medical use claim, which may be written as:

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