Interference 103,579
antisense technology, because the art remains unpredictable.
Kuipers’ 1995 publication shows that constructs comprising SUB30
in the antisense direction include the same SstI-SpeI sequence in
the antisense direction as do effective constructs comprising
SUB31 in the antisense direction or effective constructs
comprising Visser’s full length genomic DNA coding for PGBSS in
the antisense direction. Nevertheless constructs comprising
SUB30 in the antisense direction do not inhibit PGBSS gene
expression while constructs comprising SUB31 and full length
genomic DNA coding for PGBSS in the antisense direction fo
inhibit PGBSS gene expression. All three DNA sequences include
the same homologous SstI-SpeI sequence. Kuipers suspects
“premature transcription termination” with antisense SUB30
inserts because “[t]he genomic fragment used for the SUB30
constructs contains a 3' non-GBSS sequence” (VDX 4, p. 752,
col. 2, second para.). However, Kuipers also points to prior
art which indicates that “[a] premature transcription stop does
not necessarily result in the absence of antisense inhibition”
(VDX 4, p. 752, col. 2, second para.).
The results in Kuipers’ 1995 publication also show that
prior knowledge in the art that full length genomic DNA coding
for PGBSS in the antisense direction will inhibit PGBSS gene
expression reasonably would not have led persons having ordinary
skill in the art to expect that similar success would or could be
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