Trilateral Project 24.1-Biotechnology 148

For the case that in the prior art there is already known a structural gene encoding a functional polypeptide of which the whole sequence is disclosed, a claim concerning a partial DNA fragment of said known structural gene can only be recognised as being new if in the prior art there are not at all disclosed even generic fragments of the gene.

The determination on novelty does not depend on whether the invention is claimed as "nucleotide" or "probe", because both would claim a product which as such has to fulfill the requirements of novelty. It should be noted that the use to which a product is put does not in itself render the product novel (exception first medical use).