Interference 103,579
No. 35)).
November 20, 1996 - Hofvander moved under 37 CFR § 1.635
for inter partes testing under 37 CFR § 1.639(g)(Hofvander
Motion 5 (sic 6)(Paper No. 66)).
November 20, 1996 - Hofvander moved under 37 CFR § 1.635 to
amend Hofvander’s Proposed Count H-14 to correct an inadvertent
error (Hofvander Motion 6 [sic 7](Paper No. 67)).
December 24, 1996 - An Administrative Patent Judge (APJ)
decided the parties’ preliminary motions as follows (Paper
No. 74).
(1) Visser’s Preliminary Motion 1 (VPM 1)(Paper No. 17)
for judgment of no interference-in-fact was denied for the
following reasons (Paper No. 74, pp. 4-5):
4 Proposed Count H-1 (amended)
A homologous construct of the potato plant
comprising a full length potato granule-bound starch
synthase (PGBSS) cDNA or genomic DNA,
or
an antisense construct for inhibiting expression of the
gene for granule-bound starch synthase in potato,
comprising
a) a promoter, and
b) a fragment of the potato gene coding for
granule-bound starch synthase inserted in
the antisense direction, wherein said fragment
has the nucleotide sequence of SEQ ID No. 1.
-9-
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