Interference 103,579
reverse orientation of Visser’s claims means the cDNA or genomic
DNA 5'-3' GBSS coding region of the PGBSS gene, not the full gene
including, for example its promoter and termination sequences.
Nor does the “full length” PGBSS cDNA or genomic DNA coding for
PGBSS in reverse orientation of Visser’s claims read on any cDNA
or genomic DNA GBSS gene fragments which generally include the
5'-3' GBSS coding region of the PGBSS gene which are “sufficient
. . . to be effective for obtaining tubers containing essentially
amylose-free starch” (VR149, l. 8-9). While the specification of
Visser’s involved application suggests that “[t]he sense or anti-
sense PGBSS cDNA or genomic DNA sequence does not have to cover
the complete coding sequence” (VR 149, l. 6-7), Visser’s claims
are directed to no more nor less than the full length coding
region for the GBSS gene or its corresponding cDNA and the
Visser’s specification would have led persons skilled in the art
to use no more nor less than “full length” PGBSS cDNA or genomic
DNA coding for PGBSS in reverse orientation and reasonably expect
to obtain tubers containing essentially amylose-free starch
without undue experimentation. Visser’s specification no more
than invites persons skilled in the art to experiment to further
determine what other fragments of the GBSS gene or complete
coding region of the GBSS gene might also be used to genetically
engineer potatoes to produce tubers containing essentially
amylose-free starch.
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