Interference 103,579
at all or overlap over a common HpaI-HindIII segment which is not
common to the HindIII-SpeI fragment of the coding region of the
PGBSS gene (VDX 10 and 2; HR 312 and HDX 8). The specification
of Hofvander’s involved application discloses (HR 283, l. 1-7):
The restriction of pSm with HpaI and NsiI gives
fragment II (SEQ ID No. 2) which subcloned in pJRD184
. . . is called pJRDmitt. Further restriction of
pJRDmitt with HpaI-SstI gives a fragment containing
2549 bp of the GBSS gene according to the invention.
This fragment comprises exons and introns from the
middle of the gene.
XVI. As best we can determine, Hofvander’s 2549 bp SEQ ID
No. 2 and Hofvander’s 492 bp SEQ ID No. 3 do not overlap (VDX 10
and 2; HR 312 and HDX 8). Again, see the disclosure in the
specification of Hofvander’s involved application (HR 283,
l. 1-14).
XVII. We conclude that the “full length potato . . .
cDNA . . . sequence coding for PGBSS” and the “full length . . .
PGBSS . . . cDNA” sequence of the antisense constructs to which
the claims of Visser’s involved application refer are DNA
sequences copied by enzymes from the total mRNA transcripts of
the PGBSS gene which complement the “full length . . . PGBSS
. . . genomic DNA sequence coding for PGBSS” and “full length
. . . PGBSS . . . genomic DNA” sequence of the antisense
constructs of the claims.11 See pages 11-14 (VR 149-152) and
11 cDNA (complementary DNA) is defined as DNA copied from
an mRNA molecule by enzymes. Darnell, J. et al., Molecular Cell
-76-
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