Trilateral Project 24.1-Biotechnology 176

Generally, inventive step would not be present, when some incentive to cloning a DNA encoding human protein X similar to mouse protein X is described in prior art so that the cloning can be easily done by a person skilled in the art using common practices (i.e., hybridization method) based on the amino acid sequence disclosed in prior art.

However, even if the amino acid sequence and the nucleotide sequence of mouse protein X, which has similar property and function, are publicly known prior to the filing, inventive step is present when the specific nucleotide sequence encoding the human protein X has the advantageous effect which cannot be expected by the person skilled in the art on the basis of the state of the art is recognized.