Ex parte SECOR et al. - Page 7




          Appeal No. 94-1709                                                          
          Application 07/716,115                                                      


          "susceptibility to disease is a primary limiting factor in                  
          potato production internationally" (Shepard, page 189).                     
          Shepard further states that "[w]hen attempting to 'engineer' a              
          potato possessing specified characteristics, the plant breeder              
          faces enormous problems only superficially addressed above"                 
          (Shepard, page 191).  In a section entitled "Previous Potato                
          Regeneration from Single Cells or Protoplasts," Shepard                     
          discloses that "[o]nly very recently have techniques emerged                
          whereby plants may be regenerated from single cells of potato,              
          whether of mesophyll protoplast or cultured cell origin"                    
          (Shepard, page 192).  After describing in detail current                    
          methods used in the laboratory for protoplast isolation and                 
          regeneration, Shepard states as follows:                                    
               The foregoing discussion suggests that frequent                        
               examples of potentially valuable variation exist                       
               within potato plant populations raised from                            
               mesophyll protoplasts.  Consequently, it is                            
               reasonable to expect that some variants could be                       
               selected early as either protoplasts or small calli                    
               and then be regenerated into plants possessing a                       
               predicted modification.  At the present time, there                    
               are no published accounts of this for potatoes, but,                   
               from systems becoming available, ones should be                        
               forthcoming.  [Shepard, page 211, emphasis added.]                     
          Finally, in the section entitled "Conclusions," Shepard states              
          that:                                                                       

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