Interference 103,579
the antisense direction (VR 149, l. 7-9), we interpret Visser’s
claims to define no less than the full length cDNA or genomic DNA
sequence coding for PGBSS in the antisense direction. Rather
than explain why the chemical structures of Visser’s fragments
in the antisense direction for use in regulating GBSS gene
expression in potato plants would have been obvious in view of
the chemical structures of Hofvander’s fragments in the antisense
direction for use in regulating GBSS gene expression in potato
plants, Hofvander argues that the comparative chemical structures
of the PGBSS gene fragments the respective parties direct to be
inserted into the genome of a potato plant are immaterial as long
as each of the DNA fragment or fragments the respective parties
utilize to regulate PGBSS gene expression “is homologous to the
gene that is to be inhibited and functions to inhibit the
expression of the same gene” (HB 27, l. 5-6).
The evidence shows that recognition by a person skilled in
the art that DNA fragments including one sequence which is
homologous to the PGBSS gene to be inhibited in the antisense
direction and functions to inhibit the expression of the PGBSS
gene reasonably would not have suggested to a person skilled in
the art that other DNA fragments including other sequences which
are similarly or otherwise homologous to the PGBSS gene to be
inhibited in the antisense direction also would function to
inhibit the expression of the PGBSS gene or that other DNA
-105-
Page: Previous 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Next
Last modified: November 3, 2007