In the patent world, a genus claim encompassing even a single prior art species is unpatentable. See In re Slayter, 276 F.2d 408, 411 (C.C.P.A. 1960), and Eli Lilly & Co. v. Barr Labs, 251 F.3d 955, 971 (Fed. Cir. 2001).
A very basic illustration of this concept is a claim to a method of rewarding a child comprising providing that child with a piece of candy. Here, “candy” is a generic term encompassing a variety of “species” (e.g. chocolate bars, licorice, jelly beans, etc.) and therefore the method is practiced by using any form of candy as the reward. Now assume that there is a prior art article that described rewarding a child by providing them with a chocolate bar. As a chocolate bar is a species of the genus candy, its use in the same method occurring in the prior art means the claim is anticipated. One can drop the claim entirely or, redefine the genus to exclude chocolate bars and/or claim any other species, so long as there is sufficient support in the patent specification.
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