Interference 103,579
of the pGB50 (antisense) and pGB60 (sense) GBSS vectors depicted
in its Figure 1 (VR 182) as follows (VR 149, l. 17-26):
The original GBSS cDNA which contained an internal EcoRI
site was subcloned as two fragments in pUC9, denoted
pWx 1.1 and pWx 1.3. The 1.3 kb GBSS cDNA fragment from
pWx 1.3 was ligated into the partial EcoRI-restricted
plasmid pWx 1.1 yielding pGB2. Plasmid pGB2 was restricted
with SpeI, made blunt ended with Klenow enzyme, BamHI.
The GBSS cDNA fragment was ligated into BamHI-restricted
pUC18 yielding pGB6 and into BamHI-digested calf intestinal
phosphatase (CIP) treated pROK-1 yielding pGB50 (antisense)
and pGB60 (sense).
The antisense (pGB50) and sense (pGB60) were the vectors
purportedly used to transform potato plants (VR 154) and
substantially inhibit the expression of PGBSS therein
(VR 156-158).
We consider now the prosecution history of Visser’s involved
application and other evidence. Since Visser’s 1989 publication
(Appendix A) is cited for its background and comparable
description in Visser’s involved application (VR 143, 151, 152,
and 170), we look first to its disclosure. Visser’s 1989
publication teaches (Appendix A, p. 187, col. 1; citations
omitted):
The potato GBSS cDNA was isolated from a cDNA
library established from . . . potato tubers . . . .
Subcloning of the cDNA in plasmid pUC9 yielded plasmids
pWx 1.1 (5'-end of the potato GBSS cDNA[)], and pWx 1.3
(3'-end of the potato cDNA) and pGB6 (pUC18 with the
two EcoRI cDNA fragments from pWx 1.1 and pWx 1.3).
. . . .
Visser’s 1989 publication explains that the ligated 2.4-kb insert
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