Interference 103,579
342 bp SEQ ID No. 1 fragment in the antisense direction or
Hergersberg’s construct comprising its 500/800 bp cDNA fragment
in the antisense direction which is completely encompassed by
Hofvander’s 2549 bp SEQ ID 2 fragment in the antisense direction.
We find Hofvander’s explanations why it considers its claims
patentable over Hergersberg’s teachings, even though they are
directed to the same patentable invention as the claims of
Visser’s involved application, to be somewhat dubious. We are
not persuaded that Hofvander’s seemingly inconsistent positions
are consistent because “Hergersberg fails to teach the antisense
constructs of Hofvander’s invention and also fails to teach
that amylose formation may be effectively suppressed by using
antisense technology as claimed by Hofvander” (HB 45, first
para.). Visser also fails to teach the antisense constructs of
Hofvander’s invention and also fails to teach that amylose
formation may be effectively suppressed by using antisense
technology as claimed by Hofvander.
Next, Hofvander argues that an antisense DNA sequence which
is homologous to the potato GBSS gene and functions to inhibit
the expression of the potato GBSS gene is present in Visser’s
full length cDNA, Visser’s full length genomic DNA sequence, and
each of Hofvander’s genomic DNA fragments, and (2) regulates GBSS
expression in a potato plant when inserted into its genome
(HB 26-32). While the same antisense DNA sequence which is
-97-
Page: Previous 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Next
Last modified: November 3, 2007