Trilateral Project 24.1-Biotechnology 163

If from the prior art there is known a monoclonal antibody binding to antigen A and it is also known that antigen A is closely similar to antigen A', which means that these antigens comprise at least one epitope in common, then a claim concerning a generic monoclonal antibody binding to antigen A' lacks novelty. Novelty can only be recognized for a monoclonal antibody binding to antigen A' if the antibody is defined by technical features distinguishing it unambiguously from the monoclonal antibody known from the prior art.

The same conclusion will be reached if antigen A' is a modified protein of antigen A, assuming that the modification does not significantly alter the immunological reactivity of the antigen.