Trilateral Project 24.1-Biotechnology 160

If the protein X produced by recombinant DNA technology is structurally identical to the protein X obtained by another process (disclosed in the prior art), a claimed invention concerning a product-by-process claim to the recombinant protein X is not novel, because a product is not rendered novel merely by the fact, that it is produced by means of a new process. However, if the recombinant process inevitably leads to a different product, the recombinant protein is novel. For example, a recombinant protein X obtained by expression in bacteria is novel with respect to a glycosylated protein X since bacterial expression results in non-glycosylated proteins.