Interference 103,781
so modified would be more highly expressed in plants than the
corresponding unmodified native Bt gene sequences encoding
insecticidal Bt protein, i.e., sufficient direction and guidance
to reasonably expect success. In re O’Farrell, 853 F.2d 894,
903-04, 7 USPQ2d 1673, 1681 (Fed. Cir. 1988).
None of Claims 1-12 of Adang’s U.S. Patent 5,380,831 itself
makes a prima facie case for the unpatentability of any one of
Claims 13-14 of Adang’s patent or Claims 41-43 of Fischhoff’s
involved application under 35 U.S.C. § 103. To successfully
modify a native Bt gene encoding insecticidal Bt protein for
enhanced expression in a plant, Adang’s Claims 1-12 instruct
persons having ordinary skill in the art to modify a portion of a
native Bt coding sequence to yield a modified sequence which
(1) “contains a greater number of codons preferred by the
intended plant host than did said coding sequence”, or (2) “has a
frequency of codon usage which more closely resembles the
frequency of codon usage of the plant in which it is to be
expressed” (independent Claims 1 and 11 of Adang’s U.S. Patent
5,380,831 (FX 11)). None of Adang’s Claims 1-12 indicate
which codons are preferred by any particular plant host to be
transformed by a modified Bt coding sequence. The information
required for this analysis may be found in Table 1 of Adang’s
patent specification which provides certain embodiments within
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