Trilateral Project 24.1-Biotechnology 016

If the intended scope of the claim is to be seen in a DNA sequence encoding human "protein X" the clarity of such a claim depends on the common general knowledge of the prior art. Only provided the human "protein X" is already known from the prior art or is clearly defined in the specification of the application and is sufficiently characterized by structural features, e.g. by reference to its amino acid sequence, will a claim directed to a structural gene characterized only by its function (encoding "protein X") be allowed. In case the human "protein X" is not known from the prior art or is not sufficiently and unambiguously defined in the specification and in the claim, then a claim in which the structural gene is only defined functionally does not clearly specify the scope of the claim and thus, it will not be allowed.