Interference 103,579
We conclude that the processes for producing an amylopectin-
type starch from potato plants grown from potato tissue having
a genome transformed by a PGBSS gene fragment essentially having
a nucleotide sequence selected from SEQ ID No. 1, SEQ ID No. 2,
and SEQ ID NO. 3 inserted in the antisense direction which are
claimed in Hofvander’s patent, irrespective of their having been
characterized in one or more of Hofvander’s applications as
directed to inventions independent and distinct from the PGBSS
gene fragments, antisense constructs including the PGBSS
fragments, potato plant cells or tissue transformed by said
antisense constructs, and potato plants grown from the
transformed plant cells or tissue which are utilized in the
later patented process claims for purposes of restriction under
37 CFR § 1.142, prima facie are directed to separate patentable
inventions from the subject matter claimed in Visser’s involved
application if we conclude that the PGBSS gene fragments,
antisense constructs including said PGBSS fragments, potato plant
cells or tissue transformed by the antisense constructs, and
potato plants grown from the transformed plant cells or tissue
required to carry out the processes claimed in Hofvander’s
patent are directed to separate patentable inventions from
the subject matter claimed in Visser’s involved application.
Hofvander’s reliance on an examiner’s preliminary administrative
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