Interference 103,579
obvious.” Based on the evidence in this case, we conclude not
only that transgenic potato plants containing constructs
comprising a DNA sequence inserted in the genome of the potato
plants in reverse orientation would not have been obvious if the
DNA sequence itself would not have been obvious but also that
methods of producing transgenic potato plants by integrating
constructs comprising the DNA sequence into the genome of the
potato plants in reverse orientation would not have been obvious
if the DNA sequence to be inserted into the genome of the potato
plant would not have been obvious. Compare In re Ochiai, 71 F.3d
1565, 1572, 37 USPQ2d 1127, 1133 (Fed. Cir. 1995):
Having compared Ochiai’s claims, limited as they are to
the use of a particular nonobvious starting material for
making a particular nonobvious end product, to the prior
art of record, we reverse . . . .
Subject matter which would not have been obvious, cannot have
been anticipated. Structural Rubber Prods. Co. v. Park Rubber
Co., 749 F.2d 707, 716, 223 USPQ 1264, 1271 (Fed. Cir. 1984):
[A] disclosure that anticipates under § 102 also renders
the claim invalid under § 103, for “anticipation is the
epitome of obviousness,” In re Fracalossi, 681 F.2d 792,
[794,] 215 USPQ 569[, 571] (CCPA 1982).
Preliminarily, we find that the DNA sequences of the
antisense constructs defined in Hofvander’s claims are all
genomic DNA fragments of the PGBSS gene. Although we find that
full length PGBSS cDNA copied from mRNA transcripts of PGBSS
genomic DNA includes ligated fragments of full length PGBSS
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