Interference 103,579
fragments including other sequences not similarly or otherwise
homologous to the PGBSS gene to be inhibited would not function
to inhibit expression of the PGBSS gene. Hofvander’s SEQ ID
Nos. 1, 2 and 3 appear not to have a common DNA sequence among
them which in the antisense direction could be responsible for
regulating PGBSS gene expression. Moreover, while Hofvander
teaches that any one of SEQ ID Nos. 1, 2, and 3 functions to
inhibit expression of the PGBSS gene, only Hofvander’s 2549 bp
SEQ ID No. 2 and 492 bp SEQ ID No. 3 in the antisense direction
appear to be encompassed by, or overlap, Visser’s full length
potato cDNA or genomic DNA sequence coding for PGBSS in the
antisense direction.
In our view, Kuipers’ 1995 publication14 of record contains
evidence which undermines Hofvander’s homologous sequence theory.
Kuipers’ 1995 publication establishes that (1) the antisense
technology to which the claims corresponding to the count
pertains is highly unpredictable, and (2) Hofvander’s claims and
Visser’s claims designated as corresponding to the count are
directed to separate patentable inventions even if the DNA
14 Kuipers, et al., “Factors Affecting the Inhibition by
Antisense RNA of Granule-Bound Starch Synthase Gene Expression in
Potato,” Mol. Gen. Genet., Vol. 246, pp. 745-755 (1995)(Kuipers’
1995 publication)(HR 336; VDX 4). A substantial part of Figure
1A,B of Kuipers 1995 publication (HR 339; VDX 4, p. 748) appears
in Fig. 2A,B attached to Declaration Under 37 CFR § 1.132 of
Richard G. F. Visser (HDX 9) filed Visser’s involved application
(Paper No. 27 in Visser’s Application 08/294,619).
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