LZM  Patent  Office

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Austrian Patent Office

Service and Information Center                           Email:  Walter.Tomaschitz@patent.bmwa.gv.at

Division Manager                                                    Urgent!     Oct.13, 2003 

Dear                                                                 Fax:   +43 1 534 24-733

Mag. Walter Tomaschitz;                                                Tel:    +43 1 534 24-711

 

 I had received your important notification on Oct. 20, 2003.

 

The notification was that they refuse make a search report for my application of PCT/SG03/00145. The notification had stated a reason that: 

 

 The applicant is hereby notified that no international search will be established and that the declaration under Article 17(2)(a) to that effect is transmitted herewith.

 

In view the Article 17(2)(a):

 

(2)(a)  If the International Searching Authority considers

 

(i)   that the international application relates to a subject matter which the International Searching Authority is not required, under the Regulations, to search, and in the particular case decides not to search, or

(ii)  that the description, the claims, or the drawings, fail to comply with the prescribed requirements to such an extent that a meaningful search could not be carried out, the said Authority shall so declare and shall notify the applicant and the International Bureau that no international search report will be established.

 

Applicant found that your department had abused the above legal stipulation, as you did not to point out that my application of the description, the claims, or the drawings had failed to comply with the prescribed requirement such that a search could not be carried out! Our claims are below

    

1.              The main characteristic of the “Surface Treatment of SARS–Infected Lungs” is to inject

           sterilizing liquid into the lung lobes.

2.               The formal name for the medicine of sterilizing liquid is Per Fluoro Chemicals (PFC) adding

            ozone forming a medicine.

3.               Including any other lung diseases and SARS inflammation.

4.               To add antibiotics or other bactericide into the sterilizing liquid to suppress or to kill the virus.

 

In your Email that was sent on Oct. 22, 2003 had shown that you thinks that my invention is a methods for treatment of the human and hence to seek for a 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 my second reply, I had to again point out that my application of subject matte is a liquid-medicine, the medicine by PFC and O3 mixed together only.

 

In the such the US patent law, the methods for treatment of the human can be accepted but other countries of patent laws that does not use same medical method to prevent the second medical indication to get the patent if subject matte no same my medicine by PFC and O3 mixed together.  The claims olso can change by the patent Examiner or inventor in defense too, therefore, the search report can not have any excuse!  

 

Applicant once more to point out that your worried was needless and your decision was a kind of prejudice as well as harms to my application. Search for the liquid-medicine by PFC and O3 are your responsibility, you can remind the patent examination of national for solicitude of patent on report statement your view, but you can not to hurt the benefit of inventor.   

 

Please reply as soon as possible!  Please Email to: lzmyc@singnet.com.sg & ycec@163.net  or Fax : 86 755 25550197 today !

 

Yours faithfully,

applicant : Lin Zhen Man

PCT/SG03/00145

Oct.29, 2003     

cc.  Intellectual Property Office of Singapore                                   Fax : 6339 9230

Miss Tan Kar-Leng of Registry of Patents:                                      Tel : 6331 654