A decision of the first instance Court of Commerce of the Canton of Zurich had held that the Swiss part of European patent 1 175 904 claiming a dosage regime in the form of a Swiss-type claim ("Use of alendronate in the manufacture of a medicament for treating osteoporosis in a human in need of such treatment, where said medicament is orally administered to said human as a unit dosage comprising about 70mg of the alendronate compound, on an alendronic acid active weight basis, according to a continuous schedule having a once-weekly dosing interval") was not valid as being directed to non-patentable subject matter in view of Article 2 (2a) of the Swiss Patent Act and Article 52(4) EPC 1973.