VISSER et al v. HOFVANDER et al - Page 111




          Interference 103,579                                                        
          GBSS gene expression in potato plants is no less inhibited by               
          constructs including cDNA segments in the antisense direction               
          inserted into the potato plant genome than by the corresponding             
          constructs including genomic DNA segments in the antisense                  
          direction.  However, a higher percentage of potato plants with              
          completely inhibited GBSS gene expression was produced using                
          antisense cDNA inserts than was produced using corresponding                
          antisense genomic DNA inserts.                                              
               We fail to understand how Hofvander’s homologous sequence              
          theory of obviousness itself explains why Kuipers’ pKGBA55                  
          construct, including a cDNA fragment in the antisense direction,            
          a cDNA fragment which corresponds to the SUB25 genomic DNA                  
          fragment in the antisense direction used in Kuipers pKGBA25                 
          construct (VDX 4, p. 749, Fig. 2A-C), completely inhibits potato            
          GBSS gene expression while Kuipers’ pKGBA25 construct does not              
          (VDX 4, p. 748, Table 1; VDX 4, p. 749, Fig. 2B.).  We also fail            
          to understand how Hofvander’s homologous sequence theory of                 
          obviousness itself explains why Kuipers’ pKGBA50 constructs                 
          comprising full length cDNA in the antisense direction are 800%             
          more effective in completely inhibiting PGBSS gene expression               
          than Kuipers’ pKGBA10 comprising full length genomic DNA in the             
          antisense direction (VDX 4, p. 749, Fig. 2A).                               
               Of greater significance to the issue before us, however, is            
          the following discussion of the experimental results for full               
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