Interference 103,579
expression based solely on their sequence homology to one or more
other DNA sequences which successfully inhibited PGBSS gene
expression in the antisense direction.
The Kuipers’ 1995 publication provides substantial evidence
that the art to which the parties’ claims designated as
corresponding to the count pertain is influenced by many
unforeseeable factors. Kuipers’ 1995 publication not only
establishes that the pertinent art was highly unpredictable in
the 1990-1992 time frame, but it also was unpredictable
thereafter. Visser’s involved application teaches that Visser’s
constructs comprising a promoter and full length genomic DNA
coding for PGBSS in the antisense direction will inhibit GBSS
gene expression in potato plants to the same or substantially the
same extent that Hofvander’s involved application teaches that
Hofvander’s constructs comprising the same promoter and SEQ ID
No. 3 in the antisense direction, a fragment of Visser’s full
length genomic DNA coding for PGBSS in the antisense direction
will inhibit GBSS gene expression in potato plants. Kuipers
1995 publication thereafter showed that constructs comprising
either full length genomic DNA coding for PGBSS or a SstI-SpeI
fragment thereof in the antisense direction inhibits PGBSS gene
expression. Nevertheless, the later results described in
Kuipers’ 1995 publication shows that sequence homology alone
cannot reasonably be relied upon as an indicator of success using
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