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Division Manager Urgent! Oct.22, 2003
Dear Fax: +43 1 534 24-733
Mag. Walter Tomaschitz; Tel: +43 1 534 24-711
Thank you for your reply today! I believed that my application of search report had exceeded 3 months,as it is impatient that please excuse me !
In view of the Rule 39. 1 (IV):
(iv) methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods,
The Rule restrict is diagnostic method only, but that my PCT application of subject matter is put into a kind of medicine of lung, thus it is not a diagnostic method, reference the Rule 39. 1 (IV) is wrong.
The Claim of patent's application is a medicine for the patient’s lung, the medicine by PFC and O3 mix to become, applicant believed this is the first precedent on medical history, so the report must to make the proof the search without precedent.
Wait your report, thank you!
applicant : Lin Zhen Man
cc. Intellectual Property Office of Singapore Fax : 6339 9230
Miss Tan Kar-Leng of Registry of Patents: Tel : 6331 6543
Please forwarding to Austrian Patent Office, Urgent!
Austrian Patent Office Oct.22,2003 Email record
Regarding application no PCT/SG03/00145 I would like to apprise you of the following:
a) as to the time allowed: According to Rule 42 PCT the time limit in which an international search report shall be made available is three months as of receipt of the search copy by the international search authority. The time limit, viz. the 2 to 4 weeks mentioned by the applicant, is likely to be the time limit striven for in cases of commercial searches in accord with § 57 a Z 1 Austrian Patent Law;
b) as to the subject matter of the application: The application in question relates to a process of therapeutic treatment of the human body whereby an insufficiently disclosed agent is injected into the lung of a patient. Recasting the patent claims in order to seek protection aimed at a second medical indication is not possible as the injection of the above agent into the patient’s lung apparently constitutes the sole inventive step of the present application. In view of Rule 39. 1 (IV) an international search will therefore not be carried out.
Sincerely hoping the above affords the clarification you seek I remain,
Austrian Patent Office
Mag. Walter Tomaschitz;