VISSER et al v. HOFVANDER et al - Page 44




          Interference 103,579                                                        
          of the promoter” (Appendix B, p. 2, first full para.).  The                 
          following is said to have been performed (Appendix B, pp. 2-4):             
                    A series of eleven antisense constructs was made                  
               based on GBSS cDNA and genomic sequences, the 35S CaMV                 
               promoter and the GBSS promoter (Fig. 2).  The construction             
               of pGB50 has been described before (Visser et al.,                     
               Mol. Gen. Genet., 225:289-26 [sic 289-296] (1991))                     
               [(VDX 8)]. . . . .                                                     
                    For the construction of pKGBA50 . . . the 2.2kb                   
               BamHI-SpeI fragment from pGB2 . . . was ligated in                     
               reversed orientation into digested pPGB-1S.  For the                   
               construction of pGBA10 and pKGBA10 the 3.0kb HindIII-                  
               SpeI fragment containing the complete coding region                    
               of the GBSS gene . . . was subcloned in pUC19 (=SUB10;                 
               Fig. 2a).   The BamHI-SpeI fragment of SUB10 was ligated               
               in reverse orientation into digested pBl121S or pPGB-1S,               
               respectively.                                                          
                    The partial genomic antisense constructs pGBA20,                  
               pKGBA20, pGBA30 and pKGBA30 are based on BamHI and SstI                
               digested pBl121 and pPGB-1.  The 1.8kb HindIII-Nsi1                    
               fragment of the GBSS gene was subcloned in pMTL23 . . .                
               and isolated as an SstI-BamHI fragment (=SUB20; Fig. 2a).              
               This fragment was ligated in reversed orientation into                 
               pBl121 (=pGBA20) and pPGB-1 (=pKGBA20).  The 1.4kb SstI-               
               KpnI fragment of the GBSS gene was subcloned in pUC19                  
               and isolated as an SstI-BamHI fragment (=SUB30; Fig. 2a),              
               which was ligated in reversed orientation into pBl121                  
               (=pGBA30) and pPGB-1 (=pKGBA30).  For construction of                  
               pKGBA25 . . . PCR products were . . . restricted with                  
               SstI and XbaI and ligated in reversed orientation into                 
               XbaI-SstI digested pPGB-1.  For the construction of                    
               pKGBA31 the 0.6kb SstI-SpeI fragment of the GBSS gene                  
               (=SUB31; Fig. 1a [sic, 2a]) was directly ligated in                    
               reversed orientation into XbaI-SstI digested pPGB-1.                   
          Accompanying Visser’s Declarations under 37 CFR § 1.132 is                  
          Figure 2 (Appendix B, last page).  Figure 2A is said to depict:             
               LGBSSwt-6:  the “full length genomic clone” described                  
                         in Visser’s 1989 publication (Appendix A,                    
                         p. 188)(“The line on top indicates the gene                  
                                        -44-                                          





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