2 March 2012
The generally held mantra is that a known species can anticipate a claimed genus, but a genus does not necessarily anticipate a species. The anticipatory effect of a genus will be evaluated based on the size of the known genus. “It is well established that the disclosure of a genus in the prior art is not necessarily a disclosure of every species that is a member of that genus. There may be many species encompassed within a genus that are not disclosed by a mere disclosure of the genus. On the other hand, a very small genus can be a disclosure of each species within the genus.” Atofina v. Great Lakes Chem. Corp., 441 F.3d 991, 999 (Fed. Cir. 2006) (citations omitted).