VISSER et al v. HOFVANDER et al - Page 54




          Interference 103,579                                                        
                    The object of the invention therefore is to provide               
               a practically complete suppression of the formation of                 
               amylose in potato tubers.                                              
               Hofvander’s involved application expressly states                      
          (HR 279-280; emphasis added):                                               
                    The antisense constructs according to the invention               
               comprise both coding and noncoding parts of the GBSS gene              
               which correspond to sequences in the region comprising                 
               promoter as well as leader sequence, translation start,                
               translation end and trailer sequence in the antisense                  
               direction.  For a tissue-specific expression, i.e. the                 
               amylose production should be inhibited in the potato tubers            
               only, use is made of promoters which are specifically                  
               active in the potato tuber.  As a result, the starch                   
               composition in other parts of the plant is not affected,               
               which otherwise would give negative side-effects.                      
                    The invention thus comprises a fragment which                     
               essentially has one of the nucleotide sequences stated in              
               SEQ ID No. 1, SEQ ID No. 2 or SEQ ID No. 3.  However, the              
               sequences may deviate from those stated by one or more                 
               non-adjacent base pairs, without affecting the function                
               of the fragments.                                                      
                    The invention also comprises a potato-tuber-specific              
               promoter comprising 987 bp which belongs to the gene                   
               according to the invention, which codes for granule-bound              
               starch synthase.  Neither the promoter nor the corresponding           
               gene has previously been characterised [sic].  The promoter            
               sequence is stated in SEQ ID No. 4, while the gene sequence            
               is stated in SEQ ID No. 5.  Also the promoter and gene                 
               sequences may deviate from those stated by one or more                 
               non-adjacent base pairs, without affecting their function.             


               Similarly, as discussed previously, the claims,                        
          specification, and prosecution history in Visser’s involved                 
          application, and other extraneous evidence of record, establish             
          that “full length” PGBSS cDNA or genomic DNA coding for PGBSS in            

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