Ex Parte SHORTRIDGE et al - Page 2


                 Appeal No.  2004-0329                                                       Page 2                   
                 Application No.  09/251,953                                                                          

                 24. A method for preparing non-genetically modified processed grain when                             
                 the potential for contamination of said grain by genetically modified seeds exists,                  
                 comprising:                                                                                          
                        a) selecting a non-genetically modified seed stock for planting;                              
                        b) certifying that said non-genetically modified seed stock was planted                       
                 and grown under conditions effective for harvesting a crop containing 5% or less                     
                 genetically modified seeds;                                                                          
                        c) harvesting said stock;                                                                     
                        d) processing said crop under conditions effective for producing                              
                 processed grain containing 5% or less genetically modified seeds; and                                
                        e) certifying that said crop was processed under said processing                              
                 conditions.                                                                                          
                 45. A method for preventing contamination of non-genetically modified                                
                 processed grain when the potential for contamination of said grain by genetically                    
                 modified seeds exists, comprising;                                                                   
                        a) harvesting a crop containing less than 5% genetically modified seeds;                      
                        b) certifying that said crop contains less than 5% genetically modified                       
                 seeds;                                                                                               
                        c) processing said crop under conditions effective for producing                              
                 processed grain containing less than 5% genetically modified seeds; and                              
                        d) certifying that said crop was processed under said processing                              
                 conditions.                                                                                          
                 60.    The method of claim 45, wherein said certifying step b) comprises:                            
                        i) inspecting identified acreage for contamination by genetically modified                    
                 plants prior to planting; and                                                                        
                        ii) inspecting said identified acreage for contamination by genetically                       
                 modified plants prior to harvesting said crop.                                                       









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