Appeal No. 2004-1968 Page 2
Application No. 10/000,311
include claim 8 as part of the subject matter of the instant appeal. Id., see also,
appellant’s statement of the Issues on Appeal (Brief, page 3), which does not
include claim 8. In this regard, we note, appellant’s statement (Brief, page 19),
“[t]he rejection of claim 8 concerns a minor clerical error easily corrected by
amendment and thus has not been appealed. The examiner also recognized
(Answer, bridging sentence, pages 2-3), “the indefiniteness rejection of claim 8 is
not being contested….” Since appellant has conceded to the examiner’s
rejection of claim 8 and has not placed claim 8 before us on appeal, we have not
considered claim 8 in our deliberations.
Claims 6, 12, 17, 19, 26 and 30 are illustrative of the subject matter on
appeal and are reproduced below. In addition, for convenience, we have
reproduced allowable claims 1, 2, and 11 below:
1. Seed of corn inbred line designated LH321, representative seed of said
line having been deposited under ATCC Accession No. .
2. A corn plant, or parts thereof, produced by growing the seed of claim 1.
6. The corn plant of claim 2, wherein said plant is further defined as
comprising a gene conferring male sterility.
11. A method for producing a hybrid corn seed comprising crossing a first
inbred parent corn plant with a second inbred parent corn plant and
harvesting the resultant hybrid corn seed, wherein said first inbred parent
corn plant or second said parent corn plant is the corn plant of claim 2.
12. A hybrid corn seed produced by the method of claim 11.
17. A method for producing inbred LH321 seed, representative seed of which
have been deposited under ATCC Accession No. , comprising:
stated on pages 10-11 of the last Office [A]ction.” At page 10 of this “last” Office Action, mailed
January 13, 2003, the examiner finds “[c]laim 8 is indefinite in its recitation in line 1 of
‘the...protoplasts’ which lacks antecedent basis in claim 6. Amendment of claim 8, line 1 to delete
‘the’ before ‘cells’ would obviate this rejection.”
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