In this decision on interim relief for alleged patent infringement, the Court of Appeal construed the scope of a pharmaceutical patent claim in "Swiss" format, which is typically phrased as a process claim for the use of a compound in the production of a medicine for use in a particular therapeutic indication (new medical use claim)

The Court of the Commissioner of Patents in this decision focused on two main issues: (1) the protection of new medical uses of known products under South African patent law and (2) the requirements for prior art to destroy novelty by anticipation.

The Enlarged Board of Appeal decided on the 5^th December 1984 on the question of novelty and second medical indications. It held that a patent must not be granted for claims directed to the use of a substance or composition for the treatment of the human or animal body by therapy. However, a patent may be granted with claims directed to the use of a substance or composition for the manufacture of a medicament for a specified new and inventive therapeutic application (“Swiss claim”).