Ex Parte BLECHL et al - Page 1




                            The opinion in support of the decision being entered today was not written                  
                                   for publication and is not binding precedent of the Board.                           
                                                                                        Paper No. 22                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                     __________                                                         
                              BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                          
                                                     __________                                                         
                                Ex parte ANN E. BLECHL, and OLIN D. ANDERSON                                            
                                                     __________                                                         
                                                Appeal No. 2000-1910                                                    
                                             Application No.  08/785,716                                                
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
                 Before WINTERS, WILLIAM F. SMITH, and ADAMS, Administrative Patent                                     
                 Judges.                                                                                                
                 ADAMS, Administrative Patent Judge.                                                                    

                                               DECISION ON APPEAL                                                       


                        This is a decision on the appeal under 35 U.S.C. § 134 from the                                 
                 examiner’s final rejection of claim 20, the only claim pending in the application.                     
                        Claim 20 is reproduced below:                                                                   
                        20. Wheat flour derived from a plant comprising a recombinant                                   
                 expression cassette comprising a nucleic acid encoding a glutenin polypeptide                          
                 and a seed-specific promoter, the plant having a glutenin content in the                               
                 endosperm of a mature seed at least about 30% different than the glutenin                              
                 content in the endosperm of a mature seed from a parental wheat plant.                                 


                        The references relied upon by the examiner are:                                                 






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