Ex Parte Herman - 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                               for publication and is not binding precedent of the Board.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 BARRINGTON HERMAN                                                               
                                                        ____________                                                                
                                                      Appeal 2006-2166                                                              
                                                   Application 10/727,442                                                           
                                                   Technology Center 3600                                                           
                                                        ____________                                                                
                                                   Decided: April 30, 2007                                                          
                                                        ____________                                                                
                   Before BRADLEY R. GARRIS, CHARLES F. WARREN and                                                                  
                   LINDA M. GAUDETTE, Administrative Patent Judges.                                                                 
                   GARRIS, Administrative Patent Judge.                                                                             
                                                  DECISION ON APPEAL                                                                
                           Appellant appeals the final rejection of claims 1-14 under 35 U.S.C.                                     
                   § 134.  We have jurisdiction over the appeal pursuant to 35 U.S.C. § 6(b).                                       
                           We AFFIRM.                                                                                               

                                                      INTRODUCTION                                                                  
                           Appellant invented a method for promoting the growth of shoots from                                      
                   a log.  The method includes applying at least one cytokinin to an Alder, a                                       
                   Beech or a Birch log in an amount sufficient to promote growth of shoots                                         




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