SYNGENTA v. BAYER - Page 2




                Interference No. 105,041                                                                       Paper 26                  
                Syngenta Participations AG v. Bayer CropScience GmbH                                             Page 2                  
        [2]     Count 1, the sole count, is:                                                                                             
                              The method of Syngenta claim 93 OR the process of Hoechst claim 7.                                         
        [3]     Syngenta claim 93 is:                                                                                                    
                                A method for producing a conditional female sterile monocotyledonous                                     
                        plant comprising:                                                                                                
                                (a) introducing into a monocotyledonous plant cell an expression cassette                                
                        according to claim 57; [and]                                                                                     
                                (b) obtaining a conditional female sterile monocotyledonous plant from                                   
                        said monocotyledonous plant cell of step (a).                                                                    
        [4]     Syngenta claim 57 is:                                                                                                    
                                An expression cassette comprising a female-preferential promoter capable                                 
                        of female-preferential activity in a monocotyledonous plant operably linked to a                                 
                        coding sequence of interest, wherein said coding sequence of interest encodes an                                 
                        enzyme which catalyzes the conversion of N-acetyl-phosphinothricin to                                            
                        phosphinothricin and wherein said coding sequence is obtained from an argE                                       
                        gene.                                                                                                            
        [5]     Bayer claim 7 is:                                                                                                        
                                [A p]rocess for producing transgenic plants containing selectively                                       
                        destructible plant parts, wherein an N-Ac-PTC or N-Ac-PTT deacetylase gene is                                    
                        placed under the control of a pistil- or stigma[-]specific promoter, and the pistil[]                            
                        or stigma are caused to die by means of suitable, timely treatment with                                          
                        N-acetyl-PTC or N-acetyl-PTT.                                                                                    
        [6]     The claims to be redesignated all depend from either Syngenta claim 43 or Syngenta claim 94,                             
                both of which require "interplanting".                                                                                   
        [7]     Syngenta claim 43 is (emphasis added):                                                                                   
                                A method for hybrid seed production comprising:                                                          
                                (a) obtaining a conditional female sterile monocotyledonous plant                                        
                        comprising a female-preferential promoter capable of female-preferential activity                                






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