Trilateral Project 24.1-Biotechnology 080

Where the detailed description of the invention makes it possible to obtain a structural gene which encodes a protein and to produce the protein without loss of the activity at least in one kind of hosts, the claimed transformant is considered to satisfy the enablement requirement if it is filed after various types of hosts and vectors were established, because a person skilled in the art can understand how to produce the protein in other appropriate hosts or vectors in a general way.

Where a "transformant" clearly includes plant itself or animal itself, there may be a well-founded reason that transformants in hosts other than the host used in the working example is non-enabling. In this case, it does not satisfy enablement requirement.