Trilateral Project 24.1-Biotechnology 073

Functional expressions should in principle only be allowed if the disclosure of the application enables the person skilled in the art to carry out the invention within the whole area that is claimed. This means that the claims should not extend to subject matter which would not be at the disposal of the person skilled in the art after reading the description or on the basis of his common general knowledge. However, a claim may be allowed covering all means later developed if the invention is a major one opening up a new field and the teaching of the invention leads to the later development.