Trilateral Project 24.1-Biotechnology 196

The answer to this question would depend on the state of the art at the priority/filing date of the application.

If Virus C was known and a person skilled in the art would have been able to obtain polypeptide fragments of this virus, then there would be no unity of invention, because "1." and "2." would not state a common feature defining a contribution over the prior art.

However, unity of invention could be present if Virus C was novel and inventive. Being derived from Virus C then provides a common inventive feature for fragments A and B.