Trilateral Project 24.1-Biotechnology 083

The hybridization technology has been used in the relevant field of technology since 1980 as a common method in order to obtain allelic mutants.

Consequently, with respect to not only the original cDNA sequence disclosed in the description but also allelic mutants obtained by the hybridization method, the enablement requirement is generally satisfied even though a concrete working example concerning the allelic mutants is not disclosed, if a definition relating to "stringent" hybridization conditions is provided in a specification, and if it is clearly specified in a claim that the DNA is natural-occurring.

However, in case that artificial DNAs are included in a claimed invention, because huge number of DNAs which are made artificially can hybridize to the invented DNA, DNAs which encode proteins having the same function as the invented protein cannot be selected form those DNAs without undue experimentation by a person skilled in the art in some cases. In those cases, the enablement requirement cannot be satisfied.