Interference 103,579 l. 6-8; emphasis added). All the genetic constructs claimed in Visser’s involved application for use in creating its claimed transgenic potato plants, tubers with an “essentially amylose- free starch” (VR 140, l. 5-6) composition, and methods for creating transgenic potato plants which produce tubers with an “essentially amylose-free starch” (VR 140, l. 5-6) composition, are constructs of “full length potato granule-bound starch synthase (PGBSS) cDNA or genomic DNA” (Visser’s Claims 1, 15, and 23; emphasis added). Accordingly, we must first determine the meaning of the term “full length” in the phrase “full length potato granule-bound starch synthase (PGBSS) cDNA or genomic DNA” from which the “construct[s] . . . [containing (Claims 1 and 15) or comprising (Claim 23)] a full length potato granule-bound starch synthase (PGBSS) cDNA or genomic DNA” of Visser’s Claims 1, 15, and 23 are to be made before we can compare full length potato granule-bound starch synthase (PGBSS) cDNA or genomic DNA to the SEQ ID Nos. 1, 2, and 3 of Hofvander’s “construct[s] . . . comprising . . . a promoter [and a] fragment selected from the group consisting of SEQ ID No. 1, SEQ ID No. 2 and SEQ ID No. 3" (Hofvander’s Claim 7); SEQ ID No. 4 of Hofvander’s “DNA molecule comprising an isolated promoter from the potato gene coding for . . . GBSS . . .” (Hofvander’s Claims 21 and 23), e.g., “said promoter having the nucleotide -37-Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 NextLast modified: November 3, 2007