Ex Parte Glucina 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                               for publication and is not binding precedent of the Board.                        
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                             BEFORE THE BOARD OF PATENT APPEALS                                                  
                                         AND INTERFERENCES                                                       
                                                    Ex parte                                                     
                             PAUL G. GLUCINA and MICHAEL T. MALONE                                               
                                            Appeal No. 2006-0355                                                 
                                         Application No. 09/905,574                                              
                                           Technology Center 1600                                                
                                                  ON BRIEF                                                       
                Before SCHEINER, ADAMS, and GRIMES, Administrative Patent Judges.                                
                SCHEINER, Administrative Patent Judge.                                                           
                                           DECISION ON APPEAL                                                    
                       Appellant appeals under 35 U.S.C.  134 from the final rejection of                       
                claim 1 under 35 U.S.C.  112, first and second paragraphs.  We have                             
                jurisdiction under 35 U.S.C.  6(b).  We reverse.                                                
                                        STATEMENT OF THE CASE                                                    
                       This appeal concerns a plant patent application directed to a variety of                  
                peach tree named ‘GL4/66.’  Specification 1.  Claim 1, the sole claim, is as                     
                       1.  We claim a new and distinct variety of peach tree named ‘GL4/66’                      
                       substantially as illustrated and described.                                               

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