In terms of genus and species, what will always anticipate claims to a species?

The correct answer is genus. In the context of patent law, particularly when discussing anticipation of claims within the realm of biotechnology and life sciences, the relationship between genus and species is critical. A genus encompasses a broader category that includes multiple species that share certain common characteristics. For a claim directed to a species to be anticipated, there must exist a prior disclosure that adequately describes the genus to which that species belongs.

When a prior art reference discloses a genus that includes a particular species, it can be concluded that the specific claims to that species are anticipated. This is because the genus serves as a broader umbrella containing the species, thus making the species inherently disclosed within the broader teaching of the genus. Anticipation requires that all the elements of a claim are present in a single piece of prior art, and if the genus is disclosed, the specific characteristics of its included species are also considered to be disclosed.

While order, family, and class are higher taxonomical ranks than genus, they do not directly fulfill the requirements for anticipation of specific claims to a species since they encompass a broader range and may include many genera. Therefore, they do not meet the requirement of providing a sufficient description that would anticipate species claims.