Interference 103,781
well-defined native Bt genes encoding insecticidal proteins,
(2) delete at least one polyadenylation sequence and at least one
ATTTA sequence from well-defined native Bt structural sequences
encoding insecticidal proteins, or (3) replace any one or more
codons in well-defined native Bt structural gene sequences
encoding insecticidal proteins with one or more plant-preferred
codons encoding the same amino acid to effect increased
expression of the Bt gene sequences in plants. However, a
conclusion that the specific subject matter of any one of
Fischhoff’s Claims 41-43 or Adang’s Claims 13-14 would have been
obvious under 35 U.S.C. § 103 in view of prior art teaching
including the parties’ other claims designated as corresponding
to Count 2 requires more than the motivation or suggestion to
modify a native Bt gene sequence in any manner Fischhoff, Adang,
or Barton claim to make and use a modified Bt gene sequence
encoding insecticidal Bt protein for higher expression in plants.
It also requires a reasonable expectation of success.
Where, as here, the evidence of record indicates that the
art of expressing chimeric DNA in plants was unpredictable in
practice, the collective prior art teaching must provide persons
having ordinary skill in the art with sufficient direction and
guidance to modify native Bt gene sequences encoding insecticidal
Bt protein with a reasonable expectation that the gene sequences
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