Interference 103,579
substantially corresponds (VDX 15/HDX 8); and (4) from which the
antisense constructs pGBA10 and pKGBA10 Visser and Kuipers
evaluated (VDX 4, p. 749, Fig. 2A-C/HR 340, Fig. 2A-C) are said
to have been made (VDX 4, p. 748, Fig. 1B; HR 339, Fig. 1B).
Kuipers observed (VDX 4, p. 749, col. 2; HR 340, col. 2):
Significant differences were found between the
full-length GBSS cDNA and the genomic coding region
of the GBSS gene, and between the 35S CaMV promoter
and the GBSS promoter. The inhibitory effects of
the partial constructs pKGBA25 and pKGBA55 did not
differ significantly . . . .
IX. Accordingly, we interpret the phrases “full length
potato . . . genomic DNA sequence coding for PGBSS” and “full
length . . . PGBSS . . . genomic DNA” in the claims of Visser’s
involved application as substantially corresponding to Leij’s
complete 2961 bp coding region of the GBSS gene and the coding
region of the GBSS gene including one or more of the HindIII-
SpeI fragments depicted in Figure 2 of Hofvander’s involved
application (HR 312/VDX 10), Figure 2A of Visser’s Declaration
Under § 132 (Appendix B, last page), and Kuipers’ Figure 1A
(VDX 4, p. 748).
X. We conclude that the “full length potato . . . genomic
DNA sequence coding for PGBSS” and “full length . . . PGBSS . . .
genomic DNA” sequences of the antisense constructs of the claims
of Visser’s involved application include a HindIII-SpeI fragment
of approximately 2961 bp in length and a major fraction of the
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