Interference 103,579
GBSS . . . cDNA or genomic DNA sequence coding for PGBSS in
reverse orientation”;
“a base sequence . . . comprising coding . . . strands”; and
“coding strand of said base sequence . . . comprises . . .
an inverted sequence of bases complementary to . . . PGBSS mRNA”;
Visser’s Claim 13
“construct contains full length PGBSS cDNA”;
Visser’s Claim 14
“sequence . . . comprises . . . a sequence of bases”;
Visser’s Claim 16
“said construct further comprises T-DNA”; and
Visser’s Claim 23
“construct . . . comprising a full length potato . . .
GBSS . . . cDNA or genomic DNA”.
As a matter of law, we ask first whether a gene construct
or vector “comprising” a PGBSS gene fragment selected from the
group consisting of SEQ ID Nos. 1, 2, or 3, or an upstream
promoter and a PGBSS gene fragment selected from the group
consisting of SEQ ID Nos. 1, 2, or 3 of Hofvander’s claims, or a
gene construct “containing” a full length PGBSS cDNA or genomic
DNA sequence coding for PGBSS in reverse orientation of Visser’s
claims, reads on a fragment of the PGBSS gene which includes as a
subfragment thereof, a sequence identified as SEQ ID No. 1, 2,
or 3, or an upstream promoter sequence and a sequence identified
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Last modified: November 3, 2007