VISSER et al v. HOFVANDER et al - Page 74




          Interference 103,579                                                        
          insertion in the genome of a potato plant in antisense direction,           
          is 492 bp in length and includes a minor fraction of the 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.  The 5'           
          end of the 492 bp fragment (Hofvander’s Antisense fragment III)             
          comprises a minor fraction of the HindIII-SpeI fragment of the              
          coding region of the PGBSS gene including the SpeI end of the               
          HindIII-SpeI fragment (VDX 10 and 2; HR 312 and HDX 8).  As best            
          we can determine, the minor fraction of the HindIII-SpeI fragment           
          of the coding region of the PGBSS gene including the SpeI end               
          thereof is the SstI-SpeI subfragment of the HindIII-SpeI fragment           
          of the coding region of the PGBSS gene.  The specification of               
          Hofvander’s involved application discloses (HR 283, l. 8-14):               
                    The restriction of pSx with SstI and SpeI gives                   
               fragment III (SEQ ID No. 3) which subcloned in pBluescript             
               . . . is called pBlue3'.  Further restriction of pBlue3'               
               with BamHI-SstI gives a fragment containing 492 bp of                  
               the GBSS gene according to the invention.  This fragment               
               comprises the last intron and exon, translation end and                
               278 bp of trailer sequence.                                            
               XIII.  We find that Hofvander’s 342 bp SEQ ID No. 1 and                
          492 bp SEQ ID No. 3 do not overlap.  In the PGBSS gene, these               
          sequences are separated by a sequence having at least 2000 bp               
          which includes a major fraction of the 1000-2000 bp segment,                
          the entire 2000-3000 bp segment, and a major fraction of the                
          3000-4000 bp segment of the coding region of the PGBSS gene,                
          which constitute a major fraction of the HindIII-SpeI fragment              
                                        -74-                                          





Page:  Previous  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  Next 

Last modified: November 3, 2007