Appeal No. 2006-0355
Application No. 09/905,574
to satisfy the requirements of 35 U.S.C. § 162 and 37 CFR § 1.163(a), and
therefore insufficient to satisfy the requirements of the first and second
paragraphs of 35 U.S.C. § 112.
FINDINGS OF FACT
1. According to Appellants, ‘GL4/66’ “originated from an open
pollinated population of seedlings derived from the variety ‘Yumyeong’
planted in 1990 at the HortResearch experimental orchard in Havelock
North, New Zealand” (Specification 1: 6-8), and “one seedling representing
the present variety was selected and asexually propagated for further
evaluation . . . The selection was further propagated by asexual reproduction
for the first time in 1995” (id. at 1: 9-12).
2. According to Appellants, the single photograph filed with the
application “shows typical specimens of the foliage and the fruit of the new
variety [‘GL4/66’] [ ] depicted in colours as nearly true as is reasonably
possible . . . The upper and lower surfaces of the leaves, and [ ] exterior
view[s] of the fruit, are shown. The photograph was taken after two weeks
air storage of fruit harvested at eating maturity” (id. at 2: 5-9).
3. According to Appellants, ‘GL4/66’ produces “medium to large white
flesh, clingstone fruit with a sweet sub-acid taste and very firm crisp flesh
with good fruit aroma . . . The firm flesh exhibits good storage and the skin
has an attractive pink colour over a cream background. The fruit ripens mid
season approximately two weeks before the ‘Yumyeong’ parent variety.”
Id. at 1: 21 to 2: 2.
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