Trilateral Project 24.1-Biotechnology 199

Unity of invention would normally not be present in this case. The only feature common to the claimed DNAs would be their origin. In the case of DNAs cloned from human brain, the common concept would not even be novel, since other DNAs have been cloned from human brain. In the case of DNAs from other sources, of which no DNAs have previously been described, there would not appear to be unity of invention either since the cloning of DNA from a certain source as such would not normally be inventive. Such common source would therefore not give rise to a single general inventive concept. The source of a DNA sequence does furthermore not constitute a technical feature of the sequence itself.