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                               for publication and is not binding precedent of the Board.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                     
                follows:                                                                                         
                       1.  We claim a new and distinct variety of peach tree named ‘GL4/66’                      
                       substantially as illustrated and described.                                               




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