Ex Parte McElroy et al - Page 19




         Appeal No. 2003-0936                                                       
         Application No. 09/532,806                                                 


              about the 400 most 3' based pairs with an ABA-inducible               
              genomic clone reported by Gomez et al. (1988)(GenBank                 
              Accession Number X12564).                                             
              Example 2 characterizes the ZMGRP promoter constructs used            
         in subsequent examples of transient expression analyses and                
         transformations therewith.  Example 2 in its entirety reads                
         (Spec., pp. 112-113)(emphasis added):                                      
                   Sequence characterization of the ZMGRP promoter-                 
              containing plasmid revealed that the ~ 4.0 kb SacI insert             
              contained a HindIII site 97 bp from the 5' end of the                 
              insert and approximately 360 bp of ZMGRP coding sequence              
              3' of the ATG start codon.  Restriction enzyme analysis               
              determined that there was a unique XhoI site approximately            
              400bp 5' of the ATG start site.  The sequence around the              
              XhoI site was determined and used to design a 5' PCR                  
              primer.  A 3' PCR primer was designed to change the                   
              sequence around the ATG start site to create an NcoI site             
              and to introduce a SmaI site 4 bp 5' of the ATG start                 
              codon.  These primers were used to PCR amplify the DNA                
              at the 3' end of the promoter from the XhoI site to the               
              newly created NcoI site.  The PCR fragment was used in a              
              three way ligation, employing a HindIII to XhoI fragment              
              containing the 5' ~3.2kbp part of the ZMGRP promoter                  
              region, the XhoI to NcoI fragment containing the 3' 0.4 kbp           
              part of the ZMGRP promoter region, and the gus-nos sequence           
              containing vector pGN73, which had been digested with                 
              HindIII and NcoI.  The resulting construct was designated             
              pZMGRP-GN73 (Fig. 2, SEQ ID NO:2)5.  A construct designated           
              pZMGRP-Act2-int-GN73 was made by replacing the SmaI - NcoI            
              region of the ZMGRP promoter with a PvuII - NcoI restriction          
              fragment from pDPG836 containing a rice Act2 intron 1                 
              deletion derivative (Act2-int)(Fig. 1, SEQ ID NO:3)6.                 

              5    SEQ ID NO:2 includes 8076 nucleotides (Raw Sequence              
         Listing (Paper No. 4)).                                                    
              6    SEQ ID NO:3 includes 9002 nucleotides (Raw Sequence              
         Listing (Paper No. 4)).                                                    
                                         19                                         





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