Interference 103,579
sequence coding for PGBSS in the antisense direction would be
effective to inhibit expression of the GBSS gene in potato plants
based on success using a fragment of the full length cDNA or
genomic DNA sequence coding for PGBSS in the antisense direction.
Nor does Hofvander point to any evidence in this record which
reasonably suggests that persons having ordinary skill in the art
the time Hofvander invented the subject matter defined by its
claims designated as corresponding to the count reasonably would
or could have relied on the homologous sequence theory to predict
that some fragment of a full length cDNA or genomic DNA sequence
coding for PGBSS in the antisense direction would be effective to
inhibit expression of the GBSS gene in potato plants based on
success using a full length cDNA or genomic DNA sequence coding
for PGBSS in the antisense direction to inhibit expression of the
GBSS gene in potato plants.
Even if we presume that sequence homology is one factor
which persons having ordinary skill in the art unquestionably
would have considered in their efforts to successfully apply
antisense technology to inhibit GBSS gene expression in potato
plants, the evidence shows that sequence homology is but one of
many factors which influence success. Kuipers’ 1995 publication
indicates that persons having ordinary skill in the art
reasonably could not have predicted which DNA sequences in the
antisense direction would successfully inhibit PGBSS gene
-116-
Page: Previous 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 Next
Last modified: November 3, 2007