The protected inventions

Common features

The independent claims of all three United States patents are product claims. There are no method claims. The product commonly claimed in all three patents is a chimeric construct comprising any antibiotic resistance gene under control of a promoter that works in plants.

More specifically, the chimeric genes comprise:

  • a promoter region expressible in plant cells,
  • a structural DNA sequence encoding a polypeptide that confers antibiotic resistance to the plant cell, and a non−translated region encoding a mRNA polyadenylation signal.

Different Features

The independent claims of the United States patents differ from each other in the following aspects:

Aspects US 5034322 US 6174724 US 6255560 (now lapsed)
Promoter Type A. tumefaciens opine synthase gene & ribulose−1,5−bis−phosphate carboxylase small subunit (rbcS gene) (Claim 1 & 6) a “naturally expressed” in plants (Claim 1 & 8) 35S CaMV and 19S CaMV (all independent claims)
Antibiotic Resistance Gene any (claim 1) & neomycin phosphotransferase (claim 6) any (claim 1) & neomycin phosphotransferase (claim 8) any
(all independent claims)
Plant cell comprising a chimeric gene not claimed not claimed The chimeric gene contains one of the CaMV promoters and any antibiotic resistance gene (Claim 3)
An intermediate and a final plant transformation Ti plasmid having a chimeric gene not claimed not claimed The intermediate and final Ti plasmid vectors contain a chimeric gene as mentioned above (Claims 6 & 9)
Particular group of plants having cells containing a chimeric gene differentiated dicotyledonous plants (Claim 12) not claimed not claimed differentiated dicotyledonous plants (Claim 12)