ATTY DOCKET NO.: 73414-US-REG-C-P-1
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`REMARKS
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`Applicant respectfully requests reconsideration in light of the amendments and
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`arguments presented herein.
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`Amendments to the Claims:
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`Claims 1-16 were pendingin this application. By this Amendment, claims 1 and 10 are
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`amended without prejudice or disclaimer. Support for the amended claims can be found in the
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`application as filed, e.g., in the original claims. Claims 3-5 and 11-16 are cancelled without
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`prejudice or disclaimer. Applicant reserves the right to pursue any canceled subject matter in
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`one or more continuing applications. Upon entry of this Amendment, claims 1, 2, 6-10 will be
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`pending. No new matter has been added.
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`Amendments to the Specification:
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`The specification is amended to add in the status of the US applicationsin the priority
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`claim. No new matter has been added.
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`Objections to the Specification
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`The Examiner objected to the specification and requested that the status of the US
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`applications be updated. The specification is amended herein to add in the status of the US
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`applications. Accordingly, withdrawal of this objection is respectfully requested.
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`Rejections Under 35 U.S.C. § 112
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`Claims 4, 5 and 13 are rejected under 35 U.S.C. § 112, second paragraph,for allegedly
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`being indefinite. Without conceding the correctness of this rejection and solely to advance
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`prosecution, claims 4, 5 and 13 are cancelled. Claim 1 is amendedto recite that the antisense
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`strand consists essentially of the RNA nucleotide sequence of SEQ ID NO:10, which Applicant
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`asserts is clear. Accordingly, withdrawal of this rejection is respectfully requested.
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`Claims 1-3 and 5-15 are rejected under 35 U.S.C. § 112, first paragraph, for allegedly
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`failing to meet the enablement requirement. Without conceding the correctness of this rejection
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`and solely to advance prosecution, claim 1 is amended to incorporate the features of claim 4.
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`Claim 4 was not rejected for allegedly lacking enablement. All of the other claims depend
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`directly or indirectly from amended claim 1. Applicant believes that this amendmentobviates
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`the rejection. Accordingly, withdrawalofthis rejection is respectfully requested.
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`ATTY DOCKET NO.: 73414-US-REG-C-P-1
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`Rejections Under 35 U.S.C. § 102
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`Claims 1-3 and 5-15 are rejected under 35 U.S.C. § 102(b) for allegedly being
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`anticipated by Baum et al. Without conceding the correctness of this rejection and solely to
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`advance prosecution, claim 1 is amended to incorporate the features of claim 4. Claim 4 was
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`not rejected over Baum et al. All of the other claims dependdirectly or indirectly from amended
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`claim 1. Applicant believes that
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`this amendment obviates the rejection. Accordingly,
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`withdrawalof this rejection is respectfully requested.
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`Double Patenting Rejections
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`Claims 1-16 are rejected on the ground of nonstatutory double patenting for allegedly
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`being unpatentable over claims 1-17 of U.S. Patent No. 9,657,293.
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`Claim 1 is amended, in alia, to recite that the dsRNA molecule is comprised within a
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`plant or part thereof. Claim 10 is similarly amended. The claims of U.S. Patent No. 9,657,293
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`do not mention plants or parts thereof. The subject matter of the amended claims, including the
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`feature that the dsRNAor nucleic acid molecule is in a plant, is not taught or suggested by the
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`claims of U.S. Patent No. 9,657,293 such that the amendedclaimsare patentable over the claims
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`of U.S. Patent No. 9,657,293. Accordingly, withdrawal of this rejection is respectfully
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`requested.
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`ATTY DOCKET NO.: 73414-US-REG-C-P-1
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`Conclusions:
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`Applicant believes the foregoing amendments and remarkshave placed the instant
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`claims in condition for allowance. A Notice of Allowanceis respectfully requested. The
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`Examineris invited to call the undersigned if the instant paper does not place this application
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`in condition for allowance. The Commissioner is hereby authorized to charge any fees
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`deemed necessary, or credit any overpayment, to Deposit Account No. 501744.
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`If an
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`extension of time is required, but a request is otherwise absent, Applicant hereby requests an
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`extension of time and authorizes the Commissioner to charge any related extension of time
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`fees to Deposit Account No. 501744.
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`Certificate of EFS-Web Transmission:
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`I hereby certify that this correspondenceis being transmitted via the U.S. Patent and
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`Trademark Office electronic filing system (EFS-Web) to the USPTO on April 6, 2021.
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`CUSTOMERNO. 22847
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`Respectfully submitted by,
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`/Amy Krom/
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`KROM, Amy
`Attorney for Applicants
`Reg. No. 73,073
`Phone: 919-226-7355
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