Trilateral Project 24.1-Biotechnology 149

(Case a)

When an invention relating to a partial sequence has not been disclosed in concrete terms in publicly known literature, such an invention which relates to this partial sequence is regarded as being novel, even if the whole sequence of the structural gene is known.

The same applies, regardless of whether the claimed invention is a "nucleotide" or a "probe".

(Case b)

When the position of one part of the DNA sequence on the structural gene cannot be recognized clearly in the prior application by a person skilled in the art on the basis of common general knowledge, an invention specifying the part of the DNA sequence is not substantially identical to the entire sequence, even if the entire sequence of a cloned structural gene is described in the specification of a prior application.

The same determination is made regardless of whether the invention is claimed as a "nucleotide" or a "probe".