Ex parte KISHORE et al. - Page 26




                    Appeal No. 93-2460                                                                                                                                    
                    Application No. 07/590,647                                                                                                                            



                                                                             APPENDIX                                                                                     
                    1.  A method for producing a gene encoding a glyphosate-                                                                                              
                    tolerant 5-enolpyruvyl-3-phosphoshikimate (EPSP) synthase enzyme                                                                                      
                    which comprises substituting, in a EPSP synthase gene encoding a                                                                                      
                    protein containing the amino acid sequences shown below located                                                                                       
                    in the indicated positions, a codon encoding an alanine residue                                                                                       
                    for the second glycine residue in a first amino acid sequence:                                                                                        

                                                                      -L-G-N-A-G-T-A-                                                                                     
                    located between positions 80 and 120 in the EPSP synthase gene,                                                                                       
                    and further substituting a codon encoding a threonine residue for                                                                                     
                    the codon encoding the terminal alanine residue in a second amino                                                                                     
                    acid sequence:                                                                                                                                        
                                                                 -A-L-L-M-X -A-P-L-A-                                                                                     
                                                                                     1                                                                                    
                    where X  is either alanine, serine or threonine, and where said                                                                                       
                                  1                                                                                                                                       
                    second amino acid sequence is located between positions 170 and                                                                                       
                    210 in the EPSP synthase gene.                                                                                                                        
                    2.  A method of Claim 1 in which the glyphosate-tolerant                                                                                              
                    EPSP synthase gene is produced from a plant EPSP synthase gene.                                                                                       
                    3.  A method of Claim 1 in which the glyphosate-tolerant                                                                                              
                    EPSP synthase gene is produced from a bacterial EPSP synthase                                                                                         
                    gene.                                                                                                                                                 
                    4.  A gene encoding a glyphosate-tolerant 5-enolpyruvyl-3-                                                                                            
                    phosphoshikimate (EPSP) synthase enzyme which encodes a first                                                                                         
                    amino acid sequence:                                                                                                                                  
                                                                      -L-G-N-A-A-T-A-                                                                                     
                    between positions 80 and 120 in the EPSP synthase gene, and                                                                                           
                    encodes a second amino acid sequence:                                                                                                                 
                                                                 -A-L-L-M-X -A-P-L-T-                                                                                     
                                                                                     1                                                                                    


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