Interference 103,579
of Hergersberg’s construct comprising its 500/800 bp cDNA
fragment in the antisense direction, which is a subfragment of
Hofvander’s 2549 bp SEQ ID No. 2 in the antisense direction
(VB 26-29), then Visser’s constructs comprising full length cDNA
or genomic DNA coding for GBSS in the antisense direction also
would have been prima facie obvious to persons having ordinary
skill in the art in view of either Hofvander’s construct
comprising its genomic 2549 bp SEQ ID No. 2 in the antisense
direction or Hergersberg’s construct comprising its 500/800 bp
cDNA antisense subfragment of Hofvander’s 2549 bp SEQ ID No. 2
antisense fragment of Visser’s constructs comprising full length
cDNA or genomic DNA coding for GBSS in the antisense direction.
Irrespective of the irreconcilability of conclusions in
the decision on preliminary motions, Hofvander maintains that
Visser’s constructs comprising full length cDNA or genomic DNA
sequence coding for GBSS in the antisense direction are the same
patentable invention as Hofvander’s constructs comprising at
least one fragment selected from the group consisting of SEQ
ID 1, SEQ ID No. 2 or SEQ ID No. 3 in the antisense direction,
but denies that any of its genomic DNA fragments in the antisense
direction would have been prima facie obvious for use in
regulating potato GBSS gene expression in view of either
Hergersberg’s construct comprising its 275 bp cDNA fragment in
the antisense direction which substantially overlaps Hofvander’s
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Last modified: November 3, 2007