Appeal No. 2004-0329 Page 3
Application No. 09/251,953
64. The method of claim 45, wherein said certifying step d) comprises
i) inspecting for contamination by genetically modified seeds, prior to said
harvesting step, one or more storage bins for said crop; and
ii) inspecting for contamination by genetically modified seeds, prior to said
processing step, one or more processing plants that are to process said crop.
The examiner relies upon the following references:
Montanari et al. (Montanari) 5,478,990 Dec. 26, 1995
Poehlman, Breeding Field Crops, AVI Publishing Company, 2nd. Ed.
pp. 449-458 (1979)
Lander, “Use of DNA in Identification,” An excerpt of a talk given by Dr. Eric S.
Lander at the Winding your way through DNA Symposium (1992)
Anonymous, ADM Advises Farmers to Separate their Genetically Modified
Crops, Chicago Sports Final Edition, September 3, 1998, at page 4, zone: N
(ADM)
Claims 24-30, 35-39, 42, 45-51 and 56-64 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over the combination of ADM and Poehlman.
Claims 31-34 and 52-55 stand rejected under 35 U.S.C. § 103(a) as being
obvious over the combination of ADM and Poehlman, as further combined with
Lander. Finally, claims 40, 41, 43, 44, 65 and 66 stand rejected under 35 U.S.C.
§ 103(a) over the combination of ADM and Poehlman, as further combined with
Montanari. After careful review of the record and consideration of the issues
before us, we affirm all of the rejections of record.
BACKGROUND
As stated in the specification:
It can be seen that there is a need for [a] method [sic] of
creating and preserving the identity of non-genetically modified
seeds and grains. Over the past number of years, genetically
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