VISSER et al v. HOFVANDER et al - Page 112




          Interference 103,579                                                        
          length genomic DNA sequences coding for PGBSS in the antisense              
          direction versus the experimental results for fragments of full             
          length genomic DNA sequences coding for PGBSS in the antisense              
          direction reported in Kuipers’ 1995 publication (VDX 4, p. 752,             
          col. 2; emphasis added):                                                    
               In transgenic clones, the degree of inhibition of GBSS gene            
               expression was found to vary for the genomic GBSS antisense            
               constructs.  However, similar frequencies of complete and              
               incomplete inhibition could be achieved with pGBA10, pKGBA10           
               and pKGBA31 (comprising 0.6kb of the 3' end of the GBSS                
               coding region and containing one intron sequence).  This               
               indicates that the size of the antisense RNA does not affect           
               the efficacy of inhibition.  Furthermore, it demonstrates              
               that the GBSS fragment used in pKGBA31, or at least part of            
               it, is essential for the inhibition of GBSS gene expression,           
               as the inhibitory effect of pGBA20, pKGBA20 and pKGBA25 was            
               much lower.                                                            
                    For pGBA30 and pKGBA30, the weak inhibitory effect                
               may be caused by a premature transcription termination.                
               The genomic fragment used for these constructs contains a              
               3' non-GBSS sequence, which comprises a part of a putative             
               pseudogene (van der Leij et al. 1993), in addition to the              
               GBSS fragment that is also present in pKGBA31. . . . A                 
               premature transcription stop does not necessarily result               
               in the absence of antisense inhibition, as has been                    
               described for pGB50 (Kuipers et al. 1994) and several                  
               other antisense genes . . . but in the case of pGBA30 and              
               pKGBA30 the resulting antisense RNA might lack sequences               
               that are complementary to the GBSS mRNA.                               
               We find from the factual evidence in Table 1 of Kuipers 1995           
          publication (VDX 4, p. 748, Fig.1A,B and Table 1), Visser’s                 
          involved application (VR 139+), and Hofvander’s involved                    
          application (HR 275+, especially HR 312, Fig. 2):                           



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