Interference 103,579
from pGB6 contained the total potato GBSS cDNA (Appendix A,
p. 187, col. 2). Visser’s 1989 publication reports that two
“full length genomic clones” (Appendix A, p. 188, Figure 2,
LGBSSwt-6 and 41) were identified because they contained two
EcoRI fragments and three HindIII fragments (Appendix A, p. 189,
cols. 1-2, bridging para.) and hybridized to mRNA of about 2.4 kb
from amylose-free tubers of mutant amf-1 (Appendix A, p. 190,
col. 1). In short, Visser’s 1989 publication teaches that total
potato GBSS cDNA is no more than 2.4kb as indicated in VDX 2 and
HDX 8.
Next, we look to the prosecution history of Visser’s
involved application. In various official actions mailed in
Visser’s involved, parent and grandparent applications, the
examiner rejected one of more of Visser’s claims under 35 U.S.C.
§ 102 and/or under 35 U.S.C. § 103 citing Hergersberg (VDX 1),
Hovenkamp-Hermelink (VDX 9), Visser’s PhD Thesis (VDX 7), and/or
Visser’s 1991 publication (VDX 8)(Paper Nos. 8, 11, 18, and 24 of
Visser’s grandparent, parent, and involved applications). In
response thereto, applicant Visser et al. filed substantially
identical Declarations under 37 CFR § 1.132 by Richard G.F.
Visser (Paper No. 17 of Visser’s parent application and Paper
No. 27 of Visser’s involved application (Appendix B)) “to
demonstrate the expression of the [GBSS] gene under the control
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