Interference 103,579
in Potato,” Mol. Gen. Genet., Vol. 246, pp. 745-755 (1995)
(VDX 4). Figure 1B of Kuipers’ 1995 publication additionally
depicts a pKGBA55 construct which is said to include the GBSS
cDNA fragment corresponding to SUB25 (VDX 4, p. 749, Fig. 2A-C).
Most significant is the additional description in Kuipers’ 1995
publication of the GBSS cDNA, genomic DNA, and genomic GBSS DNA
fragments which were used to form the pGB50, pKGBA50, pGBA10,
pKGBA10, pGBA20, pKGBA20, pKGBA25, pGBA30, pKGBA30, pKGBA31 gene
constructs depicted in its Figures 1A and 1B (VDX 4, p. 748), and
as the evidence as a whole reasonably indicates, were also used
to form the pGB50, pKGBA50, pGBA10, pKGBA10, pGBA20, pKGBA20,
pKGBA25, pGBA30, pKGBA30, pKGBA31 gene constructs depicted in
corresponding Figures 2A and 2B of Visser’s Rule 132 declaration
(Appendix B, last page).
Kuipers’ 1995 publication states (VDX 4, p. 749, Fig. 2A-C)
(emphasis added):
Fig. 2A-C Evaluation of the influence of antisense
construct composition on the degree of inhibition
of GBSS gene expression. A Full-length genomic DNA
(pGBA10 and pKGBA10) versus full-length GBSS cDNA
(pGB50 and pKGBA50). B Internal fragment genomic
GBSS DNA (pKGBA25) versus corresponding fragment of
GBSS cDNA (pKGBA55). C 35S CaMV promoter (pGBA10
and pGB50) versus GBSS promoter (pKGBA10 and pKGBA50).
Within parentheses are the numbers of individual
transformants. (complete complete inhibition of GBSS
gene expression, incomplete incomplete inhibition of
GBSS gene expression, no inhibition no inhibition of
GBSS gene expression)[.]
In its discussion, “Effect of construct composition on antisense
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