Interference 103,579
We dismiss Visser’s Preliminary Motion No. 5 under 37 CFR
§ 1.633(c)(4) to have Visser’s Claims 1, 4, 8, 11, 13-20, 22, and
24-27 designated as not corresponding to the count (Paper No. 21)
(DISMISSED).
We dismiss Visser’s contingent Preliminary Motion No. 6
(contingent upon denial of Visser’s Preliminary Motions 1-5)
under 37 CFR § 1.633(c)(1) to redefine the interfering subject
matter by substituting new Count V-1 for Count 1 (Paper No. 22)
(DISMISSED).
We dismiss Visser’s contingent Preliminary Motion No. 7
under 37 CFR § 1.633(f) to be accorded benefit of the
filing dates of Visser’s grandparent application, filed
December 1, 1993, and Visser’s parent application, filed
February 14, 1992, for proposed Count V-1 (Paper No. 23)
(DISMISSED).
We dismiss as moot Visser‘s Request To Add Hofvander’s
Patent16 To Interference Pursuant To 37 CFR § 1.642 (Paper
16 U.S. Patent 5,824,798 (Paper No. 141), assigned to
Amylogene HB, Svalov, Sweden, naming Anneli Tallberg, Per
Hofvander, Per T. Persson, and Olle Wikstrom as inventors,
issued with the following claims:
1. A process for producing an amylopectin-type
starch comprising:
obtaining a potato tissue which has been transformed by
introducing into the genome of the potato tissue a gene
construct comprising a promoter and a fragment of the potato
gene which codes for the information of granule-bound starch
synthase inserted in the anti-sense direction, wherein said
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