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for publication and is not binding precedent of the Board.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
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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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