Interference 103,579
genomic DNA, we find that full length PGBSS cDNA is not itself a
genomic DNA fragment. None of Hofvander’s claims define or
otherwise describe full length PGBSS cDNA or a DNA sequence
copied from an mRNA transcript of the PGBSS gene which is
complementary to full length PGBSS genomic DNA.
Next, we repeat our previous conclusion that the “gene
construct comprising a fragment of the potato gene which codes
[or coding] for [formation of] granule-bound starch synthase
[(GBSS) . . .] inserted in the anti-sense direction . . .
selected from the group consisting of SEQ ID No. 1, SEQ ID No. 2
and SEQ ID No. 3" (Hofvander’s Claims 1, 7, 10 and 50) does not
read on, and is not encompassed by claims directed to, a gene
construct comprising a fragment of the potato gene coding for
GBSS inserted in the anti-sense direction selected from the group
consisting of SEQ ID No. 1, SEQ ID No. 2 and SEQ ID No. 3 as a
subfragment of a larger fragment of the potato gene coding for
GBSS inserted in the antisense direction. Accordingly, we find
that the constructs Hofvander claims comprising a fragment of a
full length genomic DNA sequence inserted in the antisense
direction is not encompassed by, and most certainly does not
anticipate, the constructs Visser claims comprising a full length
genomic DNA sequence inserted in the antisense direction. As we
interpret the subject matter the parties to this interference
claim, inserts comprising a DNA fragment of a DNA segment of the
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