Interference 103,579
Hofvander claims are directed require that specifically
identified antisense constructs be inserted into potato plant
cells to transform the potato cells and inhibit expression of
the potato gene therein and in potato plants cultivated
therefrom. The antisense constructs identified as being useful
for transforming potato plant cells and capable of suppressing
amylose formation in potato plants grown therefrom include DNA
sequences specifically identified in the respective claims.
If the chemical structures of the DNA sequences in the
antisense constructs Visser uses to genetically engineer potato
plants by established procedures to produce essentially amylose
free starch are the same, or substantially the same, as the
chemical structures of the DNA sequences of the antisense
constructs Hofvander describes for use in genetically engineering
its potato plants also by established procedures to suppress
amylose formation in potato tubers, absent any references to
patentably distinguishable genetic engineering methods in the
claims themselves, the different terminology the parties’
respective claims employ to define function and/or specify
utility does not make the same, or substantially the same,
methods and constructs both parties appear to claim separately
patentable to each of them. See In re Pearson, 494 F.2d 1399,
1403, 181 USPQ 641, 644 (CCPA 1974)(“[T]erms [which] merely set
forth the intended use for, or a property inherent in, an
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