VISSER et al v. HOFVANDER et al - Page 49




          Interference 103,579                                                        
               Furthermore, it demonstrates that the GBSS fragment used               
               in pKGBA31, or at least part of it, is essential for the               
               inhibition of GBSS gene expression, as the inhibitory                  
               effect of pGBA20, pKGBA20 and pKGBA25 was much lower.                  
                    For pGBA30 and pKGBA30, the weak inhibitory effect                
               may be caused by a premature transcription termination.                
               The genomic fragment used for these constructs contains a              
               3' non-GBSS sequence, which comprises a part of a putative             
               pseudogene (van der Leij et al. 1993), in addition to the              
               GBSS fragment that is also present in pKGBA31. . . . A                 
               premature transcription stop does not necessarily result               
               in the absence of antisense inhibition, as has been                    
               described for pGB50 (Kuipers et al. 1994) and several                  
               other antisense genes . . . but in the case of pGBA30 and              
               pKGBA30 the resulting antisense RNA might lack sequences               
               that are complementary to the GBSS mRNA.                               
                    The variation in the inhibitory effects of the                    
               partial genomic antisense constructs points towards a                  
               function for certain regions of the gene in antisense                  
               inhibition. . . . .                                                    
                         (c) Construct[s] “comprising” a fragment;                    
                              construct[s] “containing” a sequence;                   
                              and sequence[s] “comprise[s]” sequence[s]               
               The following phrases appear in the claims of Hofvander’s              
          involved application (emphasis added):                                      
               Hofvander’s Claim 1                                                    
               “. . . a gene construct comprising a fragment of the potato            
          gene which codes for formation of granule-bound starch synthase             
          (GBSS gene) inserted in the antisense direction, wherein said               
          fragment is selected from the group consisting of SEQ ID No. 1,             
          SEQ ID No. 2 and SEQ ID No. 3, together with a promoter selected            
          from the group consisting of CAMV 35S, patatin I and the GBSS               
          promoter”;                                                                  

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