Appeal No. 93-2460
Application No. 07/590,647
specification, plants which are transformed with the altered EPSP
gene are resistant to the herbicide N-phosphonomethylglycine
(a.k.a., glyphosate). The present invention is of agronomic3
importance since it enables farmers to control weeds in fields by
spraying herbicides. Crop plants which comprise and express the
altered gene (and, therefore, produce the altered enzyme) are
protected from any detrimental effects dut to glyphosate.
Comai discloses a novel DNA sequence which encodes an EPSPS
enzyme which is highly resistant to glyphosate. According to
Comai, “the structural gene providing the glyphosate-resistant
ES-3-P synthase [EPSPS] can be obtained as a mutation in the aroA
gene of a glyphosate sensitive organism. ... The source of the
aroA gene may be any organism which contains a functional aroA
gene.” Comai, col. 2, lines 31-33 and lines 39-40. Comai
describes EPSP synthase enzymes wherein a proline residue has
been substituted with a neutral aliphatic amino acid residue
between amino acids 90 and 110. Comai, col. 3, lines 17-27.
Comai states that “[o]f particular interest is the S. typhimurium
3According to the specification, N-phosphonomethylglycine
“is a non-selective, broad spectrum, postemergence herbicide
which ... dissociates in aqueous solution to form phytotoxic
anions. Several anionic forms are known. As used herein, the
term ‘glyphosate’ refers to the acid and its anions.”
Specification, p. 1, lines 21-24.
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