US 5879903
United States patent 5879903 recites methods of using the bar gene isolated from Streptomyces viridochromogenes strain DSM 4112 to select for transgenic bacterial and plant cells respectively.
Again, the patent does not protect bar genes isolated from other bacterial species or genera. Use of the bar gene as a selectable marker in bacteria is not mentioned in the claims of the dominant bar gene patent family — issued to PGS - where the gene is mainly used to confer herbicide resistance to transgenic plants in the field. The present patent falls within the scope of the dominant patent family because the granted main claims in those patents are written in broad terms.
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