Trilateral Project 24.1-Biotechnology 062

When the examiner showed a notice for rejection about violation of enablement requirement, the applicant may argue or clarify by putting forth written arguments or experimental results, concerning the matter disclosed in the specification as of the filing (the mode for carrying out the invention described in the detailed description of the invention taking account of common general knowledge as of the filing). The reasons for rejection shall be overcome if the applicant's argument is confirmed to be adequate by the examiner.

In addition, the reasons for rejection shall be determined to overcome if the examiner determine that the claimed invention can be carried out by a person skilled in the art based on what is described in the specification and common general knowledge as of the filing, when the applicant presents literature that is clearly establishing the common general knowledge as of the filing in a written argument.

Although above-mentioned literature, in principle, limited to those which are known to a skilled person as of the filing, the literature published after the filing may be also available if the contents of this literature clearly represents the common general knowledge as of the filing. (Implementing Guidelines I-1-3.2.3(4))