Trilateral Project 24.1-Biotechnology 043

In general yes, but it depends on whether in the description there is an enabling disclosure for animals and plants being transformed with said DNA sequence. If the description only discloses in the examples cell cultures and microorganisms transformed with the DNA sequence encoding protein X and there is no example given for plants and animals being transformed as well, but only a simple statement about these, a claim concerning a "transformant" on the one hand would lack clarity, because it is ambiguous which kind of transformants are meant, and on the other hand that claim would lack support from the description unless the applicant is able to provide convincing evidence that plants and animals can also be successfully transformed by said DNA sequence.

Furthermore, it should be noted that it is only allowed to refer to non-human animals and that moreover, the patentability of such a claim may depend on the question as to whether the whole of the subject matter covered by such a broad claim is patentable under the provisions of the Convention.