Trilateral Project 24.1-Biotechnology 095

When the claimed DNA is characterized only by its identity with a certain nucleotide sequence, not by its function, the enablement requirement is not satisfied.
Moreover, if the rate of identity is low, the enablement requirement is not satisfied either, even the claimed DNA is characterized by the function. The claim characterized by such a low identity includes a very large number of sequences different from the original DNA sequence, which could not encode proteins having the same activity. Therefore, it would be difficult for a person skilled in the art to obtain DNA sequences which could encode protein having the same activity as the protein encoded by the original DNA, among a very large number of sequences as mentioned above, without undue experimentation.