VISSER et al v. HOFVANDER et al - Page 56




          Interference 103,579                                                        
                         (d)  “Suppressing” amylose formation; “inhibiting            
                              expression” of PGBSS gene; “giving rise to              
                              tubers containing essentially amylose free              
                              starch”; and “substantially inhibits”                   
                              expression of PGBSS gene                                
               Claims 1 and 50 of Hofvander’s involved application, and               
          claims dependent thereon, are directed to “method[s] of                     
          suppressing amylose formation in potato . . . .”  Claims 7-20               
          and 22 of Hofvander’s involved application are directed to                  
          “antisense constructs for suppressing amylose formation in                  
          potato . . .” (Hofvander’s Claims 7-9), vectors comprising                  
          the antisense constructs of Hofvander’s Claim 7, and cells,                 
          potato plants, potato tubers, seeds, and microtubers whose                  
          genome comprises the antisense constructs of Hofvander’s                    
          Claims 7-8.  As we read the method and antisense construct                  
          claims of Hofvander’s involved application consistent with the              
          supporting specification, amylose formation in potato is                    
          suppressed by cultivating potato plants from potato plant cells             
          transformed by the specifically identified antisense constructs             
          also claimed for use in inhibiting expression of the PGBSS gene.            
          Hofvander teaches and claims that amylose formation in potato               
          plants is suppressed when one of the antisense constructs                   
          identified in Hofvander’s claims is inserted in the antisense               
          direction into the genome of a potato cell and a potato plant is            
          cultivated from the genetically engineered cell.  In other words,           
          the methods of suppressing amylose formation in potato to which             
                                        -56-                                          





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