Appeal No. 2004-0329 Page 4
Application No. 09/251,953
modified and genetically engineered seeds and grains are
becoming common place within the agriculture industry. The
prevalence of these genetically altered products has given rise to a
market for non-genetically modified seeds, grains, and processed
products created therefrom.
It can also be seen that there is a need for a method to
ensure that the non-genetically modified seeds, grains, and
processed products are not contaminated during the process of
bringing these products to market. The method of creating non-
genetically modified seeds, grains, and processed grain products
begins prior to the planting of a crop and continues throughout the
cultivation and harvest of a crop. Once harvested, the non-
genetically modified crop’s processing, packaging, and distribution
must continue taking steps necessary to prevent contamination of
the seeds and grains.
Id. at 1.
In order to verify that the crop produced is free of genetically modified
organisms [GMO], that is, GMO free, the specification teaches:
The verification step may also includes [sic] additional
laboratory testing of the selected seed stock is performed [sic] to
verify the seed stock is GMO free. These tests include an
application susceptibility or detection test and a DNA level test.
Satisfactory results from these tests would be influenced by
labeling and testing protocols. For example, a two-tiered approach
is one possible approach which may be used. For seeds, grains,
and processed products which are labeled using language such as
“ . . . may contain GMO products,” the DNA level test results in the
1-5% range may be acceptable. For seeds, grains, and processed
products labeled as “free of GMO products,” a more stringent
standard of 0.01-0.1% results may be required. These more
stringent standards may present a technical challenge to testing
accuracy of DNA testing laboratories.
Id. at 6.
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