bgk

That the Tree of knowledge did not have seeds is an assumption.  You are assuming that God is not allowed to make exceptions to His instruction on what was edible.  I submit God can make whatever exception He wants. 
The way I see it is that chapter one has a lot of generalities that are described in further detail in chapter two, for example, the creation of man.  In chapter 1 God says that all animals and mankind are to be herbivores.  In chapter 2 He addresses the issue of a forbidden tree.
There is no reason to say that they could not eat of the tree of knowledge because it had no seeds.  The reason they could not eat was because God explicitly said, “Of every tree of the garden thou mayest freely eat:  But of the tree of the knowledge of good and evil, thou shalt not eat of it:  for in the day that thou eatest thereof thou shalt surely die.” 
Also, we know that the man was with the woman when she ate of the tree of knowledge, but it is not an “indisputable fact” that he was with the woman when the serpent talked with her.  Nor can we assume that the man should/shouldn’t have been there.