Interference 103,579
of the GBSS gene, i.e., it is not a fragment of Visser’s full
length cDNA or genomic DNA sequence coding for GBSS. According
to Visser, the evidence of record shows that Hergersberg’s 275 bp
cDNA overlaps Hofvander’s 342 bp SEQ ID No. 1, i.e., it is cDNA
corresponding to a genomic DNA fragment of the GBSS gene found
for the most part inside the promoter region and outside the
coding region of the GBSS gene. Hergersberg’s 275 bp cDNA
sequence is not encompassed by either Visser’s full length cDNA
or genomic DNA sequence coding for GBSS. According to Visser,
the evidence of record also shows that Hergersberg’s 500/800 bp
cDNA fragment in the antisense direction is fully encompassed by
Hofvander’s 2549 bp SEQ ID 2 in the antisense direction and that
both Hergersberg’s 500/800 bp fragment and Hofvander’s 2549 bp
SEQ ID 2 in the antisense direction are fully encompassed either
by Visser’s full length cDNA or genomic DNA sequence coding for
GBSS in the antisense direction. It reasonably would appear from
the above that if Hofvander’s genomic 342 bp SEQ ID No. 1 in the
antisense direction would have been prima facie obvious to
persons having ordinary skill in the art in view of Hergersberg’s
construct comprising its 275 bp cDNA fragment in the antisense
direction, which overlaps Hofvander’s genomic 342 bp SEQ ID No. 1
in the antisense direction, and if Hofvander’s genomic 2549 bp
SEQ ID No. 2 in the antisense direction would have been prima
facie obvious to persons having ordinary skill in the art in view
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Last modified: November 3, 2007