Although methods of treatment or diagnosis are not generally patentable1, this exclusion does not apply to an invention2 consisting of a substance or composition for use in any such method3. In the case of an invention consisting of a substance or composition for use in any such method, the fact that the substance or composition forms part of the state of the art4 does not prevent the invention from being taken to be new if the use of the substance or composition in any such method does not form part of the state of the art
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