Appeal No. 93-2460
Application No. 07/590,647
VI. Claims 11 through 14, 22 through 24 and 30 through 32
stand rejected under 35 U.S.C. § 102(b) as anticipated by or, in
the alternative, under 35 U.S.C. § 103 as obvious over Comai or
Fillatti.
We affirm Rejections I and IV, and reverse Rejections II,
III, V and VI.
Background and Discussion
The present invention is directed to a DNA sequence which
encodes a novel 5-enolpyruvyl-3-phosphoshikimate (EPSP)
synthetase enzyme, a method of making the DNA sequence, a plant
cell transformed with said DNA sequence, a plant comprising said
DNA sequence, a seed produced by a transformed plant, a method
for producing glyphosate-tolerant plants, and a method for
controlling weeds in a field containing crops. The novelty of
the present EPSP enzyme is primarily due to two codon changes in
a petunia-derived DNA sequence encoding said enzyme which result
in the production of an enzyme having an alanine residue
substituted for a glycine residue between amino acid positions 80
and 120 of the mature protein, and a threonine residue
substituted for the terminal alanine, which is located between
amino acid positions 170 and 210. According to the
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