Trilateral Project 24.1-Biotechnology 175

Usually no, since it is within the skill of the art to employ conventional techniques of molecular biology and recombinant DNA technology and thus, to isolate a DNA encoding human protein X on the provision that the corresponding DNA encoding protein X was already known from another mammalian. However, even if the DNA encoding protein X of a non-human mammalian was already known from the prior art, a DNA encoding human protein X may exceptionally be considered to involve an inventive step on the proviso that there was a prejudice in the art against the cloning of the human DNA encoding protein X and/or the applicant will provide clear evidence that the mere employment of conventional techniques of molecular biology and recombinant DNA technology would not have resulted in the isolation of the claimed human DNA, but an inventive step has been necessary in order to clone the desired DNA encoding human protein X.