Interference 103,579
1000-2000 bp segment, the entire 2000-3000 bp segment, the entire
3000-4000 bp segment, and a minor fraction of the 4000-4964 bp
segment of the 0-4964 bp PGBSS gene depicted in VDX 15 and HDX 8.
XI. We conclude that the DNA fragment of the 0-4964 bp
PGBSS gene which Hofvander identifies as SEQ ID No. 1 in the
claims of Hofvander’s involved application, depicts in HDX 8 and
HR 312, and is said either to have inserted or designated for
insertion in the genome of a potato plant in antisense direction,
is 342 bp in length and includes a minor fraction of the
0-1000 bp segment and a minor fraction of the 1000-2000 bp
segment of the 0-4964 bp PGBSS gene depicted in VDX 15 and HDX 8.
As best we can determine, the 3' end of the 342 bp fragment
(Hofvander’s Antisense fragment I) ends where the HindIII-SpeI
fragment of the coding region of the PGBSS gene begins (VDX 10
and 2; HR 312 and HDX 8). The specification of Hofvander’s
involved application discloses (HR 282, l. 29-35):
The restriction of the pSw with Nsil and HindIII
gives fragment I (SEQ ID No. 1) which subcloned in pUC19
is called 19NH35. Further restriction of 19NH35 with
HpaI-SstI gives a fragment containing 342 bp of the
GBSS gene according to the invention. This fragment
comprises leader sequence, translation start and the
first 125 bp of the coding region.
XII. We conclude that the DNA fragment of the 0-4964 bp
PGBSS gene which Hofvander identifies as SEQ ID No. 3 in the
claims of Hofvander’s involved application, depicts in HDX 8 and
HR 312, and is said either to have inserted or designated for
-73-
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