Interference 103,579
PGBSS gene in the antisense direction do not read on, or
anticipate, inserts comprising the DNA segment of the PGBSS gene
in the antisense direction. As we interpret the subject matter
the parties to this interference claim, inserts comprising a DNA
segment of the PGBSS gene in the antisense direction also do not
read on, or anticipate, inserts comprising a DNA fragment of a
DNA segment of the PGBSS gene in the antisense direction.
Having considered all the evidence in this case, we find
that none of Hofvander’s 342 bp SEQ ID No. 1 which excludes
substantially all of the HindIII-SpeI segment of the coding
region of the PGBSS gene, Hofvander’s 2549 bp SEQ ID NO. 2 which
includes all but the SstI-SpeI segment of the HindIII-SpeI
segment of the coding region of the PGBSS gene, and 492 bp SEQ ID
No. 3 which includes no more than the SstI-SpeI segment of the
HindIII-SpeI segment of the coding region of the PGBSS gene,
anticipates the Visser’s full length PGBSS genomic DNA sequence
coding for PGBSS including all of the HindIII-SpeI segment of the
coding region of the PGBSS gene.
In this case, less complex chemical codes inserted in the
potato genome in the antisense direction do not anticipate more
complex chemical codes inserted in the potato genome in the
antisense direction, and vice versa. On their face, Hofvander’s
claims do not anticipate Visser’s claims, and vice versa.
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