DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for benefit under 35 U.S.C. 119(e).
Status of the Claims
Claims 111-171 are pending.
Claims 111-171 are examined herein.
Information Disclosure Statement
Applicant's duty to disclose information material to patentability to the claimed invention is noted.
In the instant application, it is duly noted that Applicant has submitted an
information disclosure statement with a total of over 320 references. While the
Examiner has made every effort to thoroughly review these references, one could have
very well missed a pertinent document.
As noted by the court, applicant has an obligation to call the most pertinent prior
art to the attention of the Patent Office in a proper fashion. Burying one reference
amongst a large number of other IDS references is like citing nothing. PENN YAN
BOATS, INC. v. SEA LARK BOATS, INC., 175 USPQ 260 (DC Sfla 1972). Golden
Valley Microwave Foods Inc. v. Weaver Popcorn Co. Inc., 24 USPQ2d 1801 (U.S. Dist.
N. Dist. IN 1992).
Claim Objections
Claim 169 is objected to because of the following informalities:
Claim 69 recites “A modified plant product comprising the non-regenerable corn plant pat of claim 166”. The word “pat” should be amended to recite “part”.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 111-171 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-49 of U.S. Patent No. US 10724047 B2.
Applicant claims as follows:
111. A modified plant product made from a transgenic corn plant or a transgenic corn plant part, the transgenic corn plant or plant part comprising a recombinant DNA construct comprising a transcribable sequence encoding a non-coding RNA molecule, wherein the non-coding RNA molecule comprises a targeting sequence that is:(a) at least 80% complementary to at least 19 consecutive nucleotides of a first messenger RNA (mRNA) molecule encoding a first endogenous GA oxidase protein in a corn plant or corn plant cell, the first endogenous GA oxidase protein comprising an amino acid sequence at least 90% identical to SEQ ID NO: 9; and(b) at least 80% complementary to at least 19 consecutive nucleotides of a second mRNA molecule encoding a second endogenous GA oxidase protein in a corn plant or corn plant cell, the second endogenous GA oxidase protein comprising an amino acid sequence at least 90% identical to SEQ ID NO: 15,wherein the transcribable DNA sequence is operably linked to a vascular promoter, and wherein the modified plant product comprises the recombinant DNA construct.
112. The modified plant product of claim 111, wherein the targeting sequence is at least 90% complementary to at least 19 consecutive nucleotides of a nucleic acid sequence selected from the group consisting of SEQ ID NOs: 7, 8, 13, and 14.
113. The modified plant product of claim 111, wherein the targeting sequence is at least 90% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 7 or 8.
114. The modified plant product of claim 111, wherein the targeting sequence is at least 90% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 13 or 14.
115. The modified plant product of claim 111, wherein the targeting sequence is at least 90% complementary to at least 19 consecutive nucleotides of the first mRNA molecule.
116. The modified plant product of claim 111, wherein the targeting sequence is at least 90% complementary to at least 19 consecutive nucleotides of the second mRNA molecule.
117. The modified plant product of claim 111, wherein the targeting sequence is 100% complementary to at least 19 consecutive nucleotides of a nucleic acid sequence selected from the group consisting of SEQ ID NOs: 7, 8, 13, and 14.
118. The modified plant product of claim 111, wherein the targeting sequence is 100% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 7 or 8.
119. The modified plant product of claim 111, wherein the targeting sequence is 100% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 13 or 14.
120. The modified plant product of claim 111, wherein the targeting sequence is 100% complementary to at least 19 consecutive nucleotides of the first mRNA molecule.
121. The modified plant product of claim 111, wherein the targeting sequence is 100% complementary to at least 19 consecutive nucleotides of the second mRNA molecule.
122. The modified plant product of claim 111, wherein the targeting sequence is at least 90% complementary to at least 21 consecutive nucleotides of the first mRNA molecule and is at least 90% complementary to at least 21 consecutive nucleotides of the second mRNA molecule.
123. The modified plant product of claim 111, wherein the targeting sequence is 100% complementary to at least 21 consecutive nucleotides of the first mRNA molecule and is at least 100% complementary to at least 21 consecutive nucleotides of the second mRNA molecule.
124. The modified plant product of claim 111, wherein the non-coding RNA molecule is a precursor miRNA or siRNA that is processed or cleaved in a plant cell to form a mature miRNA or siRNA.
125. The modified plant product of claim 111, wherein the vascular promoter comprises one of the following: a sucrose synthase promoter, a sucrose transporter promoter, a Shl promoter, Commelina yellow mottle virus (CoYMV) promoter, a wheat dwarf geminivirus (WDV) large intergenic region (LIR) promoter, a maize streak geminivirus (MSV) coat protein (CP) promoter, a rice yellow stripe 1 (YS 1)-like promoter,or a rice yellow stripe 2 (OsYSL2) promoter.
126. The modified plant product of claim 111, wherein the vascular promoter is a rice tungro bacilliform virus (RTBV) promoter.
127. The modified plant product of claim 126, wherein the RTBV promoter comprises a nucleic acid sequence at least 80% identical to the nucleic acid sequence of SEQ ID NO: 65 or 66.
128. The modified plant product of claim 126, wherein the RTBV promoter comprises a nucleic acid sequence at least 90% identical to the nucleic acid sequence of SEQ ID NO: 65 or 66.
129. The modified plant product of claim 126, wherein the RTBV promoter comprises a nucleic acid sequence at least 95% identical to the nucleic acid sequence of SEQ ID NO: 65 or 66.
130. The modified plant product of claim 126, wherein the RTBV promoter comprises a nucleic acid sequence 100% identical to the nucleic acid sequence of SEQ ID NO: 65 or 66.
131. The modified plant product of claim 111, wherein the vascular promoter comprises a nucleic acid sequence at least 80% identical to a nucleic acid sequence selected from the group consisting of SEQ ID NOs: 67 to 71.
132. The modified plant product of claim 111, wherein the vascular promoter comprises a nucleic acid sequence at least 90% identical to a nucleic acid sequence selected from the group consisting of SEQ ID NOs: 67 to 71.
133. The modified plant product of claim 111, wherein the vascular promoter comprises a nucleic acid sequence 100% identical to a nucleic acid sequence selected from the group consisting of SEQ ID NOs: 67 to 71.
134. The modified plant product of claim 111, wherein the non-coding RNA molecule comprises a nucleic acid sequence at least 95% identical or complementary to a nucleic acid sequence selected from the group consisting of SEQ ID NOs: 39 to 46.
135. The modified plant product of claim 111, wherein the non-coding RNA molecule comprises a nucleic acid sequence 100% identical or complementary to a nucleic acid sequence selected from the group consisting of SEQ ID NOs: 39 to 46.
136. The modified plant product of claim 111, wherein the modified plant product is made from the transgenic corn plant.
137. The modified plant product of claim 111, wherein the modified plant product is made from the transgenic corn plant part.
138. A modified plant product comprising a recombinant DNA construct comprising a transcribable sequence encoding a non-coding RNA molecule, wherein the non-coding RNA molecule comprises a targeting sequence that is:(a) at least 80% complementary to at least 19 consecutive nucleotides of a first messenger RNA (mRNA) molecule encoding a first endogenous GA oxidase protein in a corn plant or corn plant cell, the first endogenous GA oxidase protein comprising an amino acid sequence at least 90% identical to SEQ ID NO: 9; and(b) at least 80% complementary to at least 19 consecutive nucleotides of a second mRNA molecule encoding a second endogenous GA oxidase protein in a corn plant or corn plant cell, the second endogenous GA oxidase protein comprising an amino acid sequence at least 90% identical to SEQ ID NO: 15, wherein the transcribable DNA sequence is operably linked to a vascular promoter.
139. The modified plant product of claim 138, wherein the targeting sequence is at least 90% complementary to at least 19 consecutive nucleotides of a nucleic acid sequence selected from the group consisting of SEQ ID NOs: 7, 8, 13, and 14.
140. The modified plant product of claim 138, wherein the targeting sequence is at least 90% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 7 or 8.
141. The modified plant product of claim 138, wherein the targeting sequence is at least 90% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 13 or 14.
142. The modified plant product of claim 138, wherein the targeting sequence is at least 90% complementary to at least 19 consecutive nucleotides of the first mRNA molecule.
143. The modified plant product of claim 138, wherein the targeting sequence is at least 90% complementary to at least 19 consecutive nucleotides of the second mRNA molecule.
144. The modified plant product of claim 138, wherein the targeting sequence is 100% complementary to at least 19 consecutive nucleotides of a nucleic acid sequence selected from the group consisting of SEQ ID NOs: 7, 8, 13, and 14.
145. The modified plant product of claim 138, wherein the targeting sequence is 100% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 7 or 8.
146. The modified plant product of claim 138, wherein the targeting sequence is 100% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 13 or 14.
147. The modified plant product of claim 138, wherein the targeting sequence is 100% complementary to at least 19 consecutive nucleotides of the first mRNA molecule.
148. The modified plant product of claim 138, wherein the targeting sequence is 100% complementary to at least 19 consecutive nucleotides of the second mRNA molecule.
149. The modified plant product of claim 138, wherein the targeting sequence is at least 90% complementary to at least 21 consecutive nucleotides of the first mRNA molecule and is at least 90% complementary to at least 21 consecutive nucleotides of the second mRNA molecule.
150. The modified plant product of claim 138, wherein the targeting sequence is 100% complementary to at least 21 consecutive nucleotides of the first mRNA molecule and is at least 100% complementary to at least 21 consecutive nucleotides of the second mRNA molecule.
151. The modified plant product of claim 138, wherein the non-coding RNA molecule is a precursor miRNA or siRNA that is processed or cleaved in a plant cell to form a mature miRNA or siRNA.
152. The modified plant product of claim 138, wherein the vascular promoter comprises one of the following: a sucrose synthase promoter, a sucrose transporter promoter, a Shl promoter, Commelina yellow mottle virus (CoYMV) promoter, a wheat dwarf geminivirus (WDV) large intergenic region (LIR) promoter, a maize streak geminivirus (MSV) coat protein (CP) promoter, a rice yellow stripe 1 (YS 1)-like promoter,or a rice yellow stripe 2 (OsYSL2) promoter.
153. The modified plant product of claim 138, wherein the vascular promoter is a rice tungro bacilliform virus (RTBV) promoter.
154. The modified plant product of claim 153, wherein the RTBV promoter comprises a nucleic acid sequence at least 80% identical to the nucleic acid sequence of SEQ ID NO: 65 or 66.
155. The modified plant product of claim 153, wherein the RTBV promoter comprises a nucleic acid sequence at least 90% identical to the nucleic acid sequence of SEQ ID NO: 65 or 66.
156. The modified plant product of claim 153, wherein the RTBV promoter comprises a nucleic acid sequence at least 95% identical to the nucleic acid sequence of SEQ ID NO: 65 or 66.
157. The modified plant product of claim 153, wherein the RTBV promoter comprises a nucleic acid sequence 100% identical to the nucleic acid sequence of SEQ ID NO: 65 or 66.
158. The modified plant product of claim 138, wherein the vascular promoter comprises a nucleic acid sequence at least 80% identical to a nucleic acid sequence selected from the group consisting of SEQ ID NOs: 67 to 71.
159. The modified plant product of claim 138, wherein the vascular promoter comprises a nucleic acid sequence at least 90% identical to a nucleic acid sequence selected from the group consisting of SEQ ID NOs: 67 to 71.
160. The modified plant product of claim 138, wherein the vascular promoter comprises a nucleic acid sequence 100% identical to a nucleic acid sequence selected from the group consisting of SEQ ID NOs: 67 to 71.
161. The modified plant product of claim 138, wherein the non-coding RNA molecule comprises a nucleic acid sequence at least 95% identical or complementary to a nucleic acid sequence selected from the group consisting of SEQ ID NOs: 39 to 46.
162. The modified plant product of claim 138, wherein the non-coding RNA molecule comprises a nucleic acid sequence 100% identical or complementary to a nucleic acid sequence selected from the group consisting of SEQ ID NOs: 39 to 46.
163. A composition comprising a recombinant DNA construct comprising a transcribable sequence encoding a non-coding RNA molecule, wherein the non-coding RNA molecule comprises a targeting sequence that is:(a) at least 80% complementary to at least 19 consecutive nucleotides of a first messenger RNA (mRNA) molecule encoding a first endogenous GA oxidase protein in a corn plant or corn plant cell, the first endogenous GA oxidase protein comprising an amino acid sequence at least 90% identical to SEQ ID NO: 9; and (b) at least 80% complementary to at least 19 consecutive nucleotides of a second mRNA molecule encoding a second endogenous GA oxidase protein in a corn plant or corn plant cell, the second endogenous GA oxidase protein comprising an amino acid sequence at least 90% identical to SEQ ID NO: 15, wherein the transcribable DNA sequence is operably linked to a vascular promoter.
164. A nonviable or non-regenerable corn plant part comprising a recombinant DNA construct comprising a transcribable sequence encoding a non-coding RNA molecule, wherein the non-coding RNA molecule comprises a targeting sequence that is:(a) at least 80% complementary to at least 19 consecutive nucleotides of a first messenger RNA (mRNA) molecule encoding a first endogenous GA oxidase protein in a corn plant or corn plant cell, the first endogenous GA oxidase protein comprising an amino acid sequence at least 90% identical to SEQ ID NO: 9; and(b) at least 80% complementary to at least 19 consecutive nucleotides of a second mRNA molecule encoding a second endogenous GA oxidase protein in a corn plant or corn plant cell, the second endogenous GA oxidase protein comprising an amino acid sequence at least 90% identical to SEQ ID NO: 15, wherein the transcribable DNA sequence is operably linked to a vascular promoter.
165. The nonviable or non-regenerable corn plant part of claim 164, wherein the corn plant part is a nonviable corn plant part.
166. The nonviable or non-regenerable corn plant part of claim 164, wherein the corn plant is a non-regenerable corn plant part.
167. The nonviable or non-regenerable corn plant part of claim 164, wherein the corn plant part is a nonviable and non-regenerable corn plant part.
168. A modified plant product comprising the nonviable corn plant part of claim 165.
169. A modified plant product comprising the non-regenerable corn plant pat of claim 166.
170. A modified plant product comprising the nonviable and non-regenerable corn plant part of claim 167.
171. A modified seed comprising a recombinant DNA construct comprising a transcribable sequence encoding a non-coding RNA molecule, wherein the non-coding RNA molecule comprises a targeting sequence that is:(a) at least 80% complementary to at least 19 consecutive nucleotides of a first messenger RNA (mRNA) molecule encoding a first endogenous GA oxidase protein in a corn plant or corn plant cell, the first endogenous GA oxidase protein comprising an amino acid sequence at least 90% identical to SEQ ID NO: 9; and(b) at least 80% complementary to at least 19 consecutive nucleotides of a second mRNA molecule encoding a second endogenous GA oxidase protein in a corn plant or corn plant cell, the second endogenous GA oxidase protein comprising an amino acid sequence at least 90% identical to SEQ ID NO: 15,wherein the transcribable DNA sequence is operably linked to a vascular promoter.
US 10724047 B2 claims as follows:
1. A recombinant DNA construct comprising a transcribable DNA sequence encoding a non-coding RNA molecule, wherein the non-coding RNA molecule comprises a targeting sequence that is: (a) at least 80% complementary to at least 19 consecutive nucleotides of a first mRNA molecule encoding a first endogenous GA oxidase protein in a corn plant or plant cell, the first endogenous GA oxidase protein being at least 90% identical to SEQ ID NO: 9; and (b) at least 80% complementary to at least 19 consecutive nucleotides of a second mRNA molecule encoding a second endogenous GA oxidase protein in the corn plant or plant cell, the second endogenous GA oxidase protein being at least 90% identical to SEQ ID NO: 15; wherein the transcribable DNA sequence is operably linked to a vascular promoter, and wherein the non-coding RNA molecule down-regulates expression of the first and second endogenous GA oxidase proteins in the corn plant or plant cell when expressed in the corn plant or plant cell.
2. The recombinant DNA construct of claim 1, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of a sequence selected from the group consisting of SEQ ID NOs: 7, 8, 13, and 14.
3. The recombinant DNA construct of claim 1, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein.
4. The recombinant DNA construct of claim 3, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 7 or 8.
5. The recombinant DNA construct of claim 1, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of the second mRNA molecule encoding the second endogenous GA20 oxidase protein.
6. The recombinant DNA construct of claim 5, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 13 or 14.
7. The recombinant DNA construct of claim 1, wherein the vascular promoter comprises one of the following: a sucrose synthase promoter, a sucrose transporter promoter, a Sh1 promoter, Commelina yellow mottle virus (CoYMV) promoter, a wheat dwarf geminivirus (WDV) large intergenic region (LIR) promoter, a maize streak geminivirus (MSV) coat protein (CP) promoter, a rice yellow stripe 1 (YS1)-like promoter, or a rice yellow stripe 2 (OsYSL2) promoter.
8. The recombinant DNA construct of claim 1, wherein the non-coding RNA molecule encoded by the transcribable DNA sequence is a precursor miRNA or siRNA that is processed or cleaved in a plant cell to form a mature miRNA or siRNA.
9. A transgenic corn plant comprising a recombinant DNA construct comprising a transcribable DNA sequence encoding a non-coding RNA molecule, wherein the non-coding RNA molecule comprises a targeting sequence that is (a) at least 80% complementary to at least 19 consecutive nucleotides of a first mRNA molecule encoding a first endogenous GA oxidase protein in a corn plant, the first endogenous GA oxidase protein being at least 90% identical to SEQ ID NO: 9 and (b) at least 80% complementary to at least 19 consecutive nucleotides of a second mRNA molecule encoding a second endogenous GA oxidase protein in a corn plant, the second endogenous GA oxidase protein being at least 90% identical to SEQ ID NO: 15; and wherein the transcribable DNA sequence is operably linked to a vascular promoter and wherein the non-coding RNA molecule down-regulates expression of the first and second endogenous GA oxidase proteins in the transgenic corn plant when expressed in the transgenic corn plant.
10. The transgenic corn plant of claim 9, wherein the transgenic plant has a shorter plant height relative to a control plant.
11. The transgenic corn plant of claim 9, wherein the height of the transgenic plant is at least 10% shorter than a control plant.
12. The transgenic corn plant of claim 9, wherein the stalk or stem diameter of the transgenic plant at one or more stem internodes is greater than the stalk or stem diameter at the same one or more internodes of a control plant.
13. The transgenic corn plant of claim 9, wherein the transgenic plant does not have any significant off-types in at least one female organ or ear.
14. The transgenic corn plant of claim 9, wherein the stalk or stem diameter of the transgenic corn plant at one or more of the first, second, third, and/or fourth internode below the ear is at least 5% greater than the same internode of a control plant.
15. The transgenic corn plant of claim 9, wherein the level of one or more active GAs in at least one internode tissue of the stem or stalk of the transgenic plant is lower than the same internode tissue of a control plant.
16. The recombinant DNA construct of claim 1, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 21 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein, and is at least 90% complementary to at least 21 consecutive nucleotides of the second mRNA molecule encoding the second GA20 oxidase protein.
17. The recombinant DNA construct of claim 1, wherein the vascular promoter is a rice tungro bacilliform virus (RTBV) promoter.
18. The recombinant DNA construct of claim 1, wherein the vascular promoter comprises a DNA sequence that is at least 80% identical to SEQ ID NO: 65 or SEQ ID NO: 66.
19. The recombinant DNA construct of claim 1, wherein the vascular promoter comprises a DNA sequence that is at least 90% identical to SEQ ID NO: 65 or SEQ ID NO: 66.
20. The recombinant DNA construct of claim 1, wherein the vascular promoter comprises a DNA sequence that is at least 80% identical to SEQ ID NO: 67, SEQ ID NO: 68, SEQ ID NO: 69, SEQ ID NO: 70, or SEQ ID NO: 71.
21. The recombinant DNA construct of claim 1, wherein the vascular promoter comprises a DNA sequence that is at least 90% identical to SEQ ID NO: 67, SEQ ID NO: 68, SEQ ID NO: 69, SEQ ID NO: 70, or SEQ ID NO: 71.
22. The transgenic corn plant of claim 9, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 21 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein, and is at least 90% complementary to at least 21 consecutive nucleotides of the second mRNA molecule encoding the second endogenous GA20 oxidase protein.
23. The transgenic corn plant of claim 9, wherein the vascular promoter is a rice tungro bacilliform virus (RTBV) promoter.
24. The transgenic corn plant of claim 9, wherein the vascular promoter comprises a DNA sequence that is at least 80% identical to SEQ ID NO: 65 or SEQ ID NO: 66.
25. The transgenic corn plant of claim 9, wherein the vascular promoter comprises a DNA sequence that is at least 90% identical to SEQ ID NO: 65 or SEQ ID NO: 66.
26. The transgenic corn plant of claim 9, wherein the vascular promoter comprises a DNA sequence that is at least 80% identical to SEQ ID NO: 67, SEQ ID NO: 68, SEQ ID NO: 69, SEQ ID NO: 70, or SEQ ID NO: 71.
27. The transgenic corn plant of claim 9, wherein the vascular promoter comprises a DNA sequence that is at least 90% identical to SEQ ID NO: 67, SEQ ID NO: 68, SEQ ID NO: 69, SEQ ID NO: 70, or SEQ ID NO: 71.
28. The transgenic corn plant of claim 9, wherein the recombinant DNA construct is stably integrated into the genome of the transgenic plant.
29. The transgenic corn plant of claim 11, wherein the height of the transgenic plant is at least 20% shorter than a control plant.
30. The transgenic corn plant of claim 11, wherein the height of the transgenic plant is at least 30% shorter than a control plant.
31. The transgenic corn plant of claim 11, wherein the height of the transgenic plant is at least 40% shorter than a control plant.
32. The transgenic corn plant of claim 9, wherein the transgenic plant has improved lodging resistance relative to a control plant.
33. The transgenic corn plant of claim 9, wherein the transgenic plant has reduced green snap relative to a control plant.
34. The transgenic corn plant of claim 9, wherein the transgenic plant has increased harvest index relative to a control plant.
35. The transgenic corn plant of claim 9, wherein the transgenic plant has deeper roots relative to a control plant.
36. The transgenic corn plant of claim 9, wherein the transgenic plant has one or more of the following traits relative to a control plant: increased leaf area, earlier canopy closure, higher stomatal conductance, lower ear height, increased foliar water content, improved drought tolerance, and reduced anthocyanin content or area in leaves.
37. The transgenic corn plant of claim 9, wherein the transgenic plant has one or more of the following traits relative to a control plant: increased ear weight, increased yield, increased seed number, and increased seed weight.
38. A transgenic corn plant part or plant cell comprising a recombinant DNA construct comprising a transcribable DNA sequence encoding a non-coding RNA molecule, wherein the non-coding RNA molecule comprises a targeting sequence that is: (a) at least 80% complementary to at least 19 consecutive nucleotides of a first mRNA molecule encoding a first endogenous GA oxidase protein in a corn plant or plant cell, the first endogenous GA oxidase protein being at least 90% identical to SEQ ID NO: 9, and (b) at least 80% complementary to at least 19 consecutive nucleotides of a second mRNA molecule encoding a second endogenous GA oxidase protein in a corn plant or plant cell, the second endogenous GA oxidase protein being at least 90% identical to SEQ ID NO: 15; and wherein the transcribable DNA sequence is operably linked to a vascular promoter and wherein the non-coding RNA molecule down-regulates expression of the first and second endogenous GA oxidase proteins in the transgenic corn plant part or plant cell when expressed in the transgenic corn plant part or plant cell.
39. The transgenic corn plant part or plant cell of claim 38, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein.
40. The transgenic corn plant part or plant cell of claim 39, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 7 or 8.
41. The transgenic corn plant part or plat cell of claim 38, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 21 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein, and is at least 90% complementary to at least 21 consecutive nucleotides of the second mRNA molecule encoding the second GA20 oxidase protein.
42. The transgenic corn plant of claim 9, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of a sequence selected from the group consisting of SEQ ID NOs: 7, 8, 13, and 14.
43. The transgenic corn plant part or plant cell of claim 38, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of the second mRNA molecule encoding the second endogenous GA20 oxidase protein.
44. The transgenic corn plant part or plant cell of claim 43, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 13 or 14.
45. The transgenic corn plant part or plant cell of claim 38, wherein the vascular promoter is a rice tungro bacilliform virus (RTBV) promoter.
46. The transgenic corn plant part or plant cell of claim 38, wherein the vascular promoter comprises a DNA sequence that is at least 80% identical to SEQ ID NO: 65 or SEQ ID NO: 66.
47. The transgenic corn plant part or plant cell of claim 46, wherein the vascular promoter comprises a DNA sequence that is at least 90% identical to SEQ ID NO: 65 or SEQ ID NO: 66.
48. The transgenic corn plant part or plant cell of claim 38, wherein the vascular promoter comprises a DNA sequence that is at least 80% identical to SEQ ID NO: 67, SEQ ID NO: 68, SEQ ID NO: 69, SEQ ID NO: 70, or SEQ ID NO: 71.
49. The transgenic corn plant part or plant cell of claim 48, wherein the vascular promoter comprises a DNA sequence that is at least 90% identical to SEQ ID NO: 67, SEQ ID NO: 68, SEQ ID NO: 69, SEQ ID NO: 70, or SEQ ID NO: 71.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are merely directed to plant products produced from the transgenic corn plants claimed in Patent US 10724047 B2. Such products, being either from the plants, parts of the plants, regenerable cells or non-regenerable material are deemed to be inherent to, or at least prima facie obvious in view of, the corn plants claimed in 10724047. Corn plants are plants grown to produce products for consumption and other uses.
Claims 111-171 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-69 of U.S. Patent No. US 11319550 B2.
The instant claims are set forth previously herein and are incorporated by reference.
US 11319550 B2 claims as follows:
1. A recombinant DNA construct comprising a transcribable DNA sequence encoding a non-coding RNA molecule, wherein the non-coding RNA molecule comprises a targeting sequence that is: (a) at least 80% complementary to at least 19 consecutive nucleotides of a first mRNA molecule encoding a first endogenous gibberellin (GA) oxidase protein in a corn plant, the first endogenous GA oxidase protein being at least 90% identical to SEQ ID NO: 9; and (b) at least 80% complementary to at least 19 consecutive nucleotides of a second mRNA molecule encoding a second endogenous GA oxidase protein in a corn plant, the second endogenous GA oxidase protein being at least 90% identical to SEQ ID NO: 15; wherein the transcribable DNA sequence is operably linked to a vascular promoter, and wherein the non-coding RNA molecule reduces the expression levels of the first and second mRNA molecules in at least one tissue of a transgenic corn plant comprising the recombinant DNA construct, relative to a control plant, when the non-coding RNA molecule is expressed in the transgenic corn plant.
2. The recombinant DNA construct of claim 1, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of a sequence selected from the group consisting of SEQ ID NOs: 7, 8, 13, and 14.
3. The recombinant DNA construct of claim 1, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein.
4. The recombinant DNA construct of claim 3, wherein the targeting sequence of the non-coding RNA molecule is 100% complementary to at least 19 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein.
5. The recombinant DNA construct of claim 3, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 7 or 8.
6. The recombinant DNA construct of claim 1, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of the second mRNA molecule encoding the second endogenous GA20 oxidase protein.
7. The recombinant DNA construct of claim 6, wherein the targeting sequence of the non-coding RNA molecule is 100% complementary to at least 19 consecutive nucleotides of the second mRNA molecule encoding the second endogenous GA20 oxidase protein.
8. The recombinant DNA construct of claim 6, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 13 or 14.
9. The recombinant DNA construct of claim 1, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 21 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein, and is at least 90% complementary to at least 21 consecutive nucleotides of the second mRNA molecule encoding the second GA20 oxidase protein.
10. The recombinant DNA construct of claim 1, wherein the targeting sequence of the non-coding RNA molecule is 100% complementary to at least 21 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein, and is 100% complementary to at least 21 consecutive nucleotides of the second mRNA molecule encoding the second GA20 oxidase protein.
11. The recombinant DNA construct of claim 1, wherein the non-coding RNA molecule encoded by the transcribable DNA sequence is a precursor miRNA or siRNA that is processed or cleaved in a plant cell to form a mature miRNA or siRNA.
12. The recombinant DNA construct of claim 1, wherein the vascular promoter is selected from the group consisting of: a sucrose synthase promoter, a sucrose transporter promoter, a Sh1 promoter, Commelina yellow mottle virus (CoYMV) promoter, a wheat dwarf geminivirus (WDV) large intergenic region (LIR) promoter, a maize streak geminivirus (MSV) coat protein (CP) promoter, a rice yellow stripe 1 (YS1)-like promoter, and a rice yellow stripe 2 (OsYSL2) promoter.
13. The recombinant DNA construct of claim 1, wherein the vascular promoter is a rice tungro bacilliform virus (RTBV) promoter.
14. The recombinant DNA construct of claim 1, wherein the vascular promoter comprises a DNA sequence that is at least 80% identical to SEQ ID NO: 65 or SEQ ID NO: 66.
15. The recombinant DNA construct of claim 1, wherein the vascular promoter comprises a DNA sequence that is at least 90% identical to SEQ ID NO: 65 or SEQ ID NO: 66.
16. The recombinant DNA construct of claim 1, wherein the vascular promoter comprises a DNA sequence that is at least 80% identical to SEQ ID NO: 67, SEQ ID NO: 68, SEQ ID NO: 69, SEQ ID NO: 70, or SEQ ID NO: 71.
17. The recombinant DNA construct of claim 1, wherein the vascular promoter comprises a DNA sequence that is at least 90% identical to SEQ ID NO: 67, SEQ ID NO: 68, SEQ ID NO: 69, SEQ ID NO: 70, or SEQ ID NO: 71.
18. A transgenic corn plant comprising a recombinant DNA construct comprising a transcribable DNA sequence encoding a non-coding RNA molecule, wherein the non-coding RNA molecule comprises a targeting sequence that is: (a) at least 80% complementary to at least 19 consecutive nucleotides of a first mRNA molecule encoding a first endogenous GA oxidase protein in a corn plant, the first endogenous GA oxidase protein being at least 90% identical to SEQ ID NO: 9; and (b) at least 80% complementary to at least 19 consecutive nucleotides of a second mRNA molecule encoding a second endogenous GA oxidase protein in a corn plant, the second endogenous GA oxidase protein being at least 90% identical to SEQ ID NO: 15; wherein the transcribable DNA sequence is operably linked to a vascular promoter, and wherein the expression levels of the first and second mRNA molecules are reduced in at least one tissue of the transgenic corn plant relative to a control plant.
19. The transgenic corn plant of claim 18, wherein the transgenic corn plant has a shorter plant height relative to a control plant.
20. The transgenic corn plant of claim 18, wherein the height of the transgenic plant is at least 10% shorter than a control plant.
21. The transgenic corn plant of claim 18, wherein the height of the transgenic plant is at least 20% shorter than a control plant.
22. The transgenic corn plant of claim 18, wherein the height of the transgenic plant is at least 30% shorter than a control plant.
23. The transgenic corn plant of claim 18, wherein the height of the transgenic plant is at least 40% shorter than a control plant.
24. The transgenic corn plant of claim 18, wherein expression of the non-coding RNA molecule in the corn plant reduces the level of one or more active GAs in the corn plant as compared to a control plant.
25. The transgenic corn plant of claim 18, wherein the level of one or more active GAs in at least one internode tissue of the stem or stalk of the transgenic corn plant is lower than the same internode tissue of a control plant.
26. The transgenic corn plant of claim 18, wherein the transgenic plant has increased lodging resistance relative to a control plant.
27. The transgenic corn plant of claim 18, wherein the transgenic plant has reduced green snap relative to a control plant.
28. The transgenic corn plant of claim 18, wherein the transgenic plant has increased harvest index relative to a control plant.
29. The transgenic corn plant of claim 18, wherein the transgenic plant has deeper roots relative to a control plant.
30. The transgenic corn plant of claim 18, wherein the transgenic plant has one or more of the following traits relative to a control plant: increased leaf area, earlier canopy closure, higher stomatal conductance, lower ear height, increased foliar water content, improved drought tolerance, and reduced anthocyanin content or area in leaves.
31. The transgenic corn plant of claim 18, wherein the transgenic plant has one or more of the following traits relative to a control plant: increased ear weight, increased yield, increased seed number, and increased seed weight.
32. The transgenic corn plant of claim 18, wherein the stalk or stem diameter of the transgenic plant at one or more stem internodes is greater than the stalk or stem diameter at the same one or more internodes of a control plant.
33. The transgenic corn plant of claim 18, wherein the transgenic plant does not have any significant off-types in at least one female organ or ear.
34. The transgenic corn plant of claim 18, wherein the stalk or stem diameter of the transgenic corn plant at one or more of the first, second, third, and/or fourth internode below the ear is at least 5% greater than the same internode of a control plant.
35. The transgenic corn plant of claim 18, wherein the level of one or more active GAs in at least one internode tissue of the stem or stalk of the transgenic plant is lower than the same internode tissue of a control plant.
36. The transgenic corn plant of claim 18, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein.
37. The transgenic corn plant of claim 18, wherein the targeting sequence of the non-coding RNA molecule is 100% complementary to at least 19 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein.
38. The transgenic corn plant of claim 18, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 7 or 8.
39. The transgenic corn plant of claim 18, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of the second mRNA molecule encoding the second endogenous GA20 oxidase protein.
40. The transgenic corn plant of claim 18, wherein the targeting sequence of the non-coding RNA molecule is 100% complementary to at least 19 consecutive nucleotides of the second mRNA molecule encoding the second endogenous GA20 oxidase protein.
41. The transgenic corn plant of claim 18, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 13 or 14.
42. The transgenic corn plant of claim 18, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 21 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein and is at least 90% complementary to at least 21 consecutive nucleotides of the second mRNA molecule encoding the second endogenous GA20 oxidase protein.
43. The transgenic corn plant of claim 18, wherein the targeting sequence of the non-coding RNA molecule is 100% complementary to at least 21 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein and is 100% complementary to at least 21 consecutive nucleotides of the second mRNA molecule encoding the second GA20 oxidase protein.
44. The transgenic corn plant of claim 18, wherein the non-coding RNA molecule encoded by the transcribable DNA sequence is a precursor miRNA or siRNA that is processed or cleaved in the transgenic corn plant to form a mature miRNA or siRNA.
45. The transgenic corn plant of claim 18, wherein the vascular promoter is selected from the group consisting of: a sucrose synthase promoter, a sucrose transporter promoter, a Sh1 promoter, Commelina yellow mottle virus (CoYMV) promoter, a wheat dwarf geminivirus (WDV) large intergenic region (LIR) promoter, a maize streak geminivirus (MSV) coat protein (CP) promoter, a rice yellow stripe 1 (YS1)-like promoter, and a rice yellow stripe 2 (OsYSL2) promoter.
46. The transgenic corn plant of claim 18, wherein the vascular promoter is a rice tungro bacilliform virus (RTBV) promoter.
47. The transgenic corn plant of claim 18, wherein the vascular promoter comprises a DNA sequence that is at least 80% identical to SEQ ID NO: 65 or SEQ ID NO: 66.
48. The transgenic corn plant of claim 18, wherein the vascular promoter comprises a DNA sequence that is at least 90% identical to SEQ ID NO: 65 or SEQ ID NO: 66.
49. The transgenic corn plant of claim 18, wherein the vascular promoter comprises a DNA sequence that is at least 80% identical to SEQ ID NO: 67, SEQ ID NO: 68, SEQ ID NO: 69, SEQ ID NO: 70, or SEQ ID NO: 71.
50. The transgenic corn plant of claim 18, wherein the vascular promoter comprises a DNA sequence that is at least 90% identical to SEQ ID NO: 67, SEQ ID NO: 68, SEQ ID NO: 69, SEQ ID NO: 70, or SEQ ID NO: 71.
51. The transgenic corn plant of claim 18, wherein the recombinant DNA construct is stably integrated into the genome of the transgenic plant.
52. A transgenic corn plant part or plant cell comprising a recombinant DNA construct comprising a transcribable DNA sequence encoding a non-coding RNA molecule, wherein the non-coding RNA molecule comprises a targeting sequence that is: (a) at least 80% complementary to at least 19 consecutive nucleotides of a first mRNA molecule encoding a first endogenous GA oxidase protein in a corn plant, the first endogenous GA oxidase protein being at least 90% identical to SEQ ID NO: 9; and (b) at least 80% complementary to at least 19 consecutive nucleotides of a second mRNA molecule encoding a second endogenous GA oxidase protein in a corn plant, the second endogenous GA oxidase protein being at least 90% identical to SEQ ID NO: 15; wherein the transcribable DNA sequence is operably linked to a vascular promoter, and wherein the non-coding RNA molecule reduces the expression levels of the first and second mRNA molecules in at least one tissue of a transgenic corn plant comprising the recombinant DNA construct, relative to a control plant, when the non-coding RNA molecule is expressed in the transgenic corn plant.
53. The transgenic corn plant part or plant cell of claim 52, wherein expression of the non-coding RNA molecule in the corn plant part or plant cell reduces the level of one or more active GAs in the corn plant part or plant cell as compared to a control plant part or plant cell.
54. The transgenic corn plant part or plant cell of claim 52, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein.
55. The transgenic corn plant part or plant cell of claim 54, wherein the targeting sequence of the non-coding RNA molecule is 100% complementary to at least 19 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein.
56. The transgenic corn plant part or plant cell of claim 54, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 7 or 8.
57. The transgenic corn plant part or plant cell of claim 52, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of the second mRNA molecule encoding the second endogenous GA20 oxidase protein.
58. The transgenic corn plant part or plant cell of claim 57, wherein the targeting sequence of the non-coding RNA molecule is 100% complementary to at least 19 consecutive nucleotides of the second mRNA molecule encoding the second endogenous GA20 oxidase protein.
59. The transgenic corn plant part or plant cell of claim 57, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 19 consecutive nucleotides of SEQ ID NO: 13 or 14.
60. The transgenic corn plant part or plant cell of claim 52, wherein the targeting sequence of the non-coding RNA molecule is at least 90% complementary to at least 21 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein, and is at least 90% complementary to at least 21 consecutive nucleotides of the second mRNA molecule encoding the second GA20 oxidase protein.
61. The transgenic corn plant part or plant cell of claim 52, wherein the targeting sequence of the non-coding RNA molecule is 100% complementary to at least 21 consecutive nucleotides of the first mRNA molecule encoding the first endogenous GA20 oxidase protein and is 100% complementary to at least 21 consecutive nucleotides of the second mRNA molecule encoding the second GA20 oxidase protein.
62. The transgenic corn plant part or plant cell of claim 52, wherein the non-coding RNA molecule encoded by the transcribable DNA sequence is a precursor miRNA or siRNA that is processed or cleaved in the corn plant part or plant cell to form a mature miRNA or siRNA.
63. The transgenic corn plant part or plant cell of claim 52, wherein the vascular promoter is selected from the group consisting of: a sucrose synthase promoter, a sucrose transporter promoter, a Sh1 promoter, Commelina yellow mottle virus (CoYMV) promoter, a wheat dwarf geminivirus (WDV) large intergenic region (LIR) promoter, a maize streak geminivirus (MSV) coat protein (CP) promoter, a rice yellow stripe 1 (YS1)-like promoter, and a rice yellow stripe 2 (OsYSL2) promoter.
64. The transgenic corn plant part or plant cell of claim 52, wherein the vascular promoter is a rice tungro bacilliform virus (RTBV) promoter.
65. The transgenic corn plant part or plant cell of claim 52, wherein the vascular promoter comprises a DNA sequence that is at least 80% identical to SEQ ID NO: 65 or SEQ ID NO: 66.
66. The transgenic corn plant part or plant cell of claim 65, wherein the vascular promoter comprises a DNA sequence that is at least 90% identical to SEQ ID NO: 65 or SEQ ID NO: 66.
67. The transgenic corn plant part or plant cell of claim 52, wherein the vascular promoter comprises a DNA sequence that is at least 80% identical to SEQ ID NO: 67, SEQ ID NO: 68, SEQ ID NO: 69, SEQ ID NO: 70, or SEQ ID NO: 71.
68. The transgenic corn plant part or plant cell of claim 67, wherein the vascular promoter comprises a DNA sequence that is at least 90% identical to SEQ ID NO: 67, SEQ ID NO: 68, SEQ ID NO: 69, SEQ ID NO: 70, or SEQ ID NO: 71.
69. The transgenic corn plant part or plant cell of claim 52, wherein the recombinant DNA construct is stably integrated into the genome of the transgenic corn plant part or plant cell.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are merely directed to plant products produced from the transgenic corn plants claimed in Patent US 11319550 B2. Such products, being either from the plants, parts of the plants, regenerable cells or non-regenerable material are deemed to be inherent to, or at least prima facie obvious in view of, the corn plants claimed in 11319550. Corn plants are plants grown to produce products for consumption and other uses.
Conclusion
No claims are allowed.
The claims are deemed to be free of the prior art. The closest prior art is Okawa et al. (US 7138567 B2). Okawa et al. (US 7138567 B2) teaches that the use of techniques such as RNAi with the SD1 gene (a GA20 oxidase) in crop plants such as wheat, barley, and maize, vegetables, and fruit plants would be expected to increase yield. (col. 2, line 63 – col. 3, line 16). However, Okawa et al. fails to teach what the SD1 gene in maize is. Song et al. (Gene 482.1-2 (2011): 34-42) teaches that there are at least five GA20 oxidases in maize and further teaches that the ZmGA20ox03 and ZmGA20ox05 genes in maize have homology (more homology than the other maize GA20 oxidases) to the rice SD1 gene. The ZmGA20ox03 and ZmGA20ox05 genes in maize correspond to the polypeptides having the sequences of the instant SEQ ID NO:9 and 15, respectively. However, upon a lengthy and careful consideration of the teachings of Song et al., the teachings taken as a whole do not appear to render the instantly claimed invention obvious. The instant invention requires, at a minimum, that both the ZmGA20ox03 and ZmGA20ox05 polypeptides are targeted for suppression. While Song et al. teaches that the ZmGA20ox03 and ZmGA20ox05 have significant sequence identity to SD1, Song et al. critically teaches that the two genes do not appear to be redundant. Song et al. teaches that the two genes have distinct expression patterns in terms of both tissue and time, with ZmGA20ox05 being expressed in germinating seedlings (grouping more closely with ZmGA20ox01 and to a lesser extent with ZmGA20ox04) whereas ZmGA20ox03 expression was not detected. Song, et al. (Scientific reports 6.1 (2016): 1-12 further teaches that the two genes have significantly different expression profiles in terms of time during plant maturation and overall levels of expression, with ZmGA20ox05 showing expression levels approximately ten fold over the highest levels of ZmGA20ox03 expression. Because the expression patterns of the two GA20 oxidases as taught by the prior art suggest that the polypeptides have distinct roles in plant development (with ZmGA20ox05 appearing to have a pronounced role in germination), there does not appear to be a clear teaching, suggestion or motivation to target both polypeptides for suppression to achieve an equivalent effect of silencing SD1 in rice. Furthermore, as set forth previously herein in the scope of enablement rejection under 112(a), the effects of manipulation of expression of GA oxidases is largely unpredictable and the suppression of two GA oxidases that show distinct expression patterns and levels would not have been readily predictable to achieve results similar to those achieved by mutation or suppression of SD1 in rice.
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/CHARLES LOGSDON/Primary Examiner, Art Unit 1662
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