Is a generic claim acceptable if a prior art claims a species that falls under that genus?

A generic claim is generally not acceptable when prior art discloses a species that falls under that genus because this would mean the genus is not novel. In patent law, a generic claim encompasses several specific instances or species. If prior art already claims one or more species within that genus, it indicates that the genus itself is anticipatory and lacks novelty.

When assessing patentability, the presence of the species in the prior art means that the claimed genus cannot be patented since it does not meet the requirement of being novel and non-obvious over the existing art. A successful claim must demonstrate that it is distinct from what has already been disclosed, and if a prior art reference includes a member of that genus, the broader claim will be considered anticipated by that prior art reference.