Trilateral Project 24.1-Biotechnology 181

As already outlined under item 2.2.6 a generic monoclonal antibody which binds to antigen A' is not novel and thus the question of whether such a claim is inventive or not does not arise. On the other hand if the monoclonal antibody binding to antigen A' is defined by technical features in order to distinguish the monoclonal antibody unambiguously from that known from the prior art, a claim directed to such a monoclonal antibody is considered to involve an inventive step.