Interference 103,579
Nevertheless, Hofvander argues that the antisense
constructs, transgenic potatoes, and methods or making and using
the same it describes and claims are identical to the constructs,
transgenic potatoes, and methods of making and using the same
Visser describes and claims because, irrespective of the number
and kind of base pairs in the distinct DNA sequences inserted
into the potato genome in the antisense direction, once inserted
in the antisense direction, Hofvander’s fragments and Visser’s
sequences identically inhibit expression of PGBSS in potato
plants and thus are functionally and practically the same. In
our view, Hofvander’s argument has no merit because the claims of
the respective parties recite DNA fragments and/or segments in
the antisense direction and constructs comprising and/or
containing DNA fragments and/or segments in the antisense
direction which are defined by distinct chemical structures in
addition to their function. Accordingly, that the different
chemical components Hofvander and Visser employ may function
identically when inserted into the genome of potato plants in the
antisense direction because of one or more common DNA segments,
chemical characteristics, etc., is irrelevant. The chemical
inserts are not the same. Moreover, the evidence of record does
not support the proposition that the respective DNA fragments
and/or segments have a common chemical characteristic or
structure which functions to substantially inhibit PGBSS when
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