Interference 103,579
the phrases in Claims 23 and 24 of Visser’s involved application.
Visser’s dependent Claim 14 limits the base sequence for
transcription in the construct utilized in Visser’s method
Claim 1 to “a sequence of bases complementary to the sequence as
set forth in Figure 3" (Visser’s Claim 14), but it does not
define “a full length potato . . . GBSS . . . cDNA or genomic DNA
sequence . . . in reverse orientation” of Visser’s Claim 24.
Accordingly, we look to the specification of Visser’s involved
application for clarification.
The Summary of the Invention in Visser’s involved
application (VR 148, l. 1-16) refers to “at least one gene
construct containing a potato granule-bound starch synthase
(PGBSS) cDNA or genomic DNA sequence in reverse or functional
orientation . . . giving rise to tubers containing essentially
amylose-free starch” (VR 148, l. 3-8). There, the GBSS cDNA
or genomic DNA sequence is limited by its antisense function, but
it is not otherwise structurally defined so to enable us to
compare it to any of Hofvander’s SEQ ID Nos. 1, 2, 3, 4, or 5.
Visser’s involved application acknowledges (VR 149, l. 6-11):
The sense or anti-sense PGBSS cDNA or genomic DNA
sequence does not have to cover the complete coding
sequence but should cover a sufficient part of it to be
effective for obtaining tubers containing essentially
amylose-free starch.
Visser’s involved application describes the construction
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