Trilateral Project 24.1-Biotechnology 167

(7-1)

The prior art which is to be compared with the claimed invention is what is substantially disclosed in the overall prior art document (in case a) or the overall prior application (in case b).

Consequently, novelty is present when structural gene Y' possesses a DNA sequence which is different from a structural gene which has been substantially disclosed in the specification of Y.

However, in case b, they are substantially identical when the difference is considered as a very minor difference, in embodied means to solve a problem (i.e., addition, deletion, or replacing of well-known or commonly used art, generating no new effects); for example, when Y' has a very small number of deletion at the side of 5'- or 3'- terminal of structural gene to the extent that the deletion has no influence to the function and activity of the structural gene disclosed concretely in the specification of Y.

(7-2)

As mentioned above, in both cases a and b, structural gene (Y') which possesses a DNA sequence which is different from the structural gene disclosed substantially in the specification of Y has novelty.

Also, in case b, Y' and Y are determined not substantially identical when Y' has new effect, even if Y' is obtainable by applying well-known or commonly used art to what is substantially disclosed in the specification of Y, for example, when Y' has a very small number of deletion at the side of 5'- or 3'- terminal of structural gene disclosed concretely in the specification of Y.