Trilateral Project 24.1-Biotechnology 166

If the specific DNA sequence encoding protein X of the claimed invention in at least one nucleotide differs from that DNA sequence encoding the same protein X and which is already known from the prior art, then the specific DNA sequence has to be regarded as being new (see item 2.2.3). Moreover, it should be mentioned that a generic disclosure does not take away the novelty of any specific example falling within the terms of that disclosure, but that a specific disclosure does take away the novelty of a generic claim embracing that disclosure.

For the judgement of novelty of a claim directed to a DNA sequence it is immaterial whether the effect of the DNA sequence of the claimed invention is the same as or better than that of the DNA sequences disclosed in the prior art.