Interference 103,579
construct “in an expression cassette which is functional in
potato plants” (Visser’s Claims 1 and 15). The “expression
cassette comprises in the 5'-3' direction of transcription”
(Visser’s Claim 1):
an upstream promoter sequence, a base sequence for
transcription into mRNA under control of said upstream
promoter base sequence comprising coding and template
strands, and a downstream transcription terminator base
sequence.
We conclude from the above that both “full length potato
. . . GBSS . . . cDNA or genomic DNA sequence coding for PGBSS in
reverse orientation” of Visser’s Claims 1 and 15 and “full length
potato . . . GBSS . . . cDNA or genomic DNA . . . in reverse
orientation” of Visser’s Claims 23 and 24 are (Claim 1):
. . . coding . . . base sequence[s] for transcription
compris[ing] . . . an inverted sequence of bases
complementary to a run of bases of PGBSS mRNA, wherein
the transcript of said base sequence for transcription
substantially inhibits the expression of PGBSS.
It remains unclear, however, whether fragments of a sequence of
bases which do not include the complete code for PGBSS in its
functional or sense orientation yet are complementary to a run of
bases of PGBSS mRNA, wherein the transcript of said inverted
fragment of a sequence of bases for transcription substantially
inhibits the expression of PGBSS, is a “full length potato . . .
GBSS . . . cDNA or genomic DNA sequence” (Visser’s Claim 23) “in
reverse orientation” (Visser’s Claim 24) within the meaning of
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