Trilateral Project 24.1-Biotechnology 184

Inventive step has to be evaluated on the basis of the particular case. A monoclonal antibody having different cross activity than the monoclonal antibody already publicly known would normally be considered to involve an inventive step.

However, commonly known features such as the class or subclass of an immunoglobulin would be considered to be obvious, and the deposition of a hybridoma does by itself not give rise to an inventive step.