VISSER et al v. HOFVANDER et al - Page 31




          Interference 103,579                                                        
                    Sequenced molecule: genomic DNA                                   
                    Name: GBSS gene from potato                                       
                    Length of sequence: 4964 bp                                       
          Hofvander’s involved application, filed November 24, 1993, as               
          amended November 17, 1993, further characterizes SEQ ID No. 5 as            
          follows:                                                                    
               (2) INFORMATION FOR SEQ ID NO:5:                                       
                    (i) SEQUENCE CHARACTERISTICS:                                     
                         (A) LENGTH: 4964 base pairs                                  
                         (B) TYPE: nucleic acid                                       
                         (C) STRANDEDNESS: single                                     
                         (D) TOPOLOGY: linear                                         
                    (ii) MOLECULE TYPE: DNA (genomic)                                 
               Hofvander’s PCT application (p. 3, l. 21-24) and Hofvander’s           
          involved application (p. 3, l. 21-24)(HR 277) state, “The gene              
          for potato GBSS has . . . so far not been characterised [sic] to            
          the same extent as the waxy gene in maize, either with respect of           
          locating or structure.”  Regarding the state of the art with                
          respect to the potato GBSS gene and its use for inhibiting                  
          amylose production in potato plant tubers, Hofvander’s involved             
          application teaches (p. 4, l. 28, to p. 5, l 22 (HR 278-279);               
          emphasis added):                                                            
                    In potato, experiments have previously been made                  
               to inhibit the synthesis of the granule-bound starch                   
               synthase (GBSS protein) with an antisense construct                    
               corresponding to the gene coding for GBSS (this gene is                
               hereafter called the “GBSS gene”).  Hergersberg (1988)                 
               [(VDX 1)] describes a method by which a cDNA clone for the             
               GBSS gene in potato has been isolated by means of a cDNA               
               clone for the wx+ gene in maize.  An antisense construct               
               based on the entire cDNA clone was transferred to leaf                 
               discs of potato by means of Agrobacterium tumefaciens.                 
                                        -31-                                          





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