Interference 103,579
Claims 4, 6, 21 and 23 of Hofvander’s involved application9
and Claim 23 of Visser’s involved application10 stand designated
as corresponding to the count. Visser’s Preliminary Motion 2
(VPM 2)(Paper No. 18) for judgment that Claim 6 of Hofvander’s
involved application, filed November 24, 1993, is unpatentable
under 35 U.S.C. § 102 over Hergersberg (VDX 1)) or Hovenkamp-
Hermelink (VDX 9); and/or under 35 U.S.C. § 103 in view of the
combined teachings of Hergersberg, Hovenkamp-Hermelink, Visser’s
PhD Thesis (VDX 7), and van der Leij (VDX 3); was dismissed as
9 4. A fragment of a potato gene coding for granule-
bound starch synthase (GBSS), wherein said
fragment is selected from the group consisting
of SEQ ID No. 1, SEQ ID No. 2 and SEQ ID No. 3.
6. Isolated potato gene coding for granule-bound
starch synthase in potato (GBSS gene) having the
nucleotide sequence stated in SEQ ID No. 5.
21. A method for tuber-specific expression of a
gene product in potato, comprising transforming
said potato with a DNA molecule comprising an
isolated promoter from the potato gene coding
for granule-bound starch synthase (GBSS).
23. A method for tuber-specific expression of a gene
product in potato, comprising transforming said
potato with a DNA molecule comprising an isolated
promotor [sic] from the potato gene coding for
granule-bound starch synthase (GBSS), said
promoter having the nucleotide sequence stated in
SEQ ID No. 4.
10 23. A homologous construct of the potato plant
comprising a full length potato granule-bound
starch synthase (PGBSS) cDNA or genomic DNA.
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