VISSER et al v. HOFVANDER et al - Page 33




          Interference 103,579                                                        
               amylose production should be inhibited in the potato tubers            
               only, use is made of promoters which are specifically                  
               active in the potato tuber.  As a result, the starch                   
               composition in other parts of the plant is not affected,               
               which otherwise would give negative side-effects.                      
                    The invention thus comprises a fragment which                     
               essentially has one of the nucleotide sequences stated in              
               SEQ ID No. 1, SEQ ID No. 2 or SEQ ID No. 3.  However, the              
               sequences may deviate from those stated by one or more                 
               non-adjacent base pairs, without affecting the function                
               of the fragments.                                                      
                    The invention also comprises a potato-tuber-specific              
               promoter comprising 987 bp which belongs to the gene                   
               according to the invention, which codes for granule-bound              
               starch synthase.  Neither the promoter nor the corresponding           
               gene has previously been characterised [sic].  The promoter            
               sequence is stated in SEQ ID No. 4, while the gene sequence            
               is stated in SEQ ID No. 5.  Also the promoter and gene                 
               sequences may deviate from those stated by one or more                 
               non-adjacent base pairs, without affecting their function.             
               Hofvander’s involved application describes its Figure 2                
          (HR 312; VDX 10) as follows (HR 281, l. 1-2), “Fig. 2 shows                 
          the result of restriction analysis of the potato GBSS gene.”                
          The specification of Hofvander’s involved application explains              
          how the Figure 2 GBSS gene was characterized (HR 282, l. 1-24):             
                    A full-length clone of the potato GBSS gene, wx311,               
               has been identified and isolated from the genomic library.             
               The start of the GBSS gene has been determined at an EcoRI             
               fragment which is called fragment w (3.95 kb).  The end of             
               the GBSS gene has also been determined at an EcoRI fragment            
               which is called fragment X (5.0 kb).  A BgIII-SpeI fragment            
               which is called fragment m (3.9 kb) has also been isolated             
               and shares sequences both from fragment w and from fragment            
               x.  The fragments w, m and x have been subcloned in pUC13              
               (Viera, 1982; Yanisch-Peron et al, 1985) and are called pSw,           
               pSm and pSx, respectively (Fig. 2).                                    
                    The GBSS gene in potato has been characterized                    
                                        -33-                                          





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