Interference 103,579
Hergersberg’s work reliable enough to support their own
experimentation. For example, the specification of Hofvander’s
involved application states (HR 281, l. 33-37):
The genomic library has been screen for the potato
GBSS gene by means of cDNA clones for both the 5'
and 3' end of the gene (said cDNA clones being
obtained from M Hergersberg, Max Plank Institute
in Cologne) according to a protocol from Clontech.
Both the specification of Visser’s involved application (VDX 152)
and Visser’s 1991 publication (VDX 8, p. 290, bridging para.)
disclose:
Two subclones encompassing a full-length cDNA clone
from potato GBSS isolated from lambda NM1149 library
(Hergersberg 1988; Visser et al. 1989d) were used
as indicated in Fig. 1 for the construction of the
antisense and sense binary vectors.
See also acknowledgments to Hergersberg’s PhD Thesis in van der
Leij’s 1991 publication (VDX 3, p. 240, col. 2) and thereafter in
Kuipers’ 1994 publication (HDX 29, p. 51, col. 1, last para.).
Hofvander’s criticism of Hergersberg’s work might be justified
had the art in 1988 attained a level of maturity such that
persons having ordinary skill in the art at the time would have
considered antisense technology predictable and erroneous
experimental procedure and/or results or erroneous reporting of
valid experimental procedure or results unacceptable. However,
we find that antisense technology at the time Hergersberg’s PhD
thesis was first published was still in its infant stage. We
find that persons having ordinary skill in the art in the time
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