Interference 103,579
fragment which encompasses the same or substantially the same
HindIII-SstI fragment of Kuipers’ effective SUB10 full length
genomic DNA sequence coding for PGBSS in the antisense direction
and Visser’s effective full length genomic DNA sequence coding
for PGBSS in the antisense direction, are effective for
inhibiting PGBSS gene expression in potato plants; and
(14) Constructs including Hofvander’s effective SEQ ID
No. 2 fragment of the coding region for PGBAA in the antisense
direction not only commonly encompass the same or substantially
the same HindIII-SstI fragment encompassed by Kuipers’ effective
SUB10 full length genomic DNA sequence coding for PGBSS in the
antisense direction and Visser’s effective full length genomic
DNA sequence coding for PGBSS in the antisense direction but also
commonly encompass the same or substantially the same HindIII-
NsiI fragment encompassed by Kuipers’ ineffective SUB20 segment
in the antisense direction and Kuipers’ ineffective NsiI-SstI
fragment included in Kuipers’ ineffective SUB25 segment in the
antisense direction.
Hofvander does not point to any evidence in this record
which reasonably suggests that persons having ordinary skill in
the art at the time Visser invented the subject matter defined by
its claims designated as corresponding to the count would or
could have relied on the homologous sequence theory Hofvander
proposes to predict that a full length cDNA or genomic DNA
-115-
Page: Previous 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Next
Last modified: November 3, 2007