Appeal 2007-0082
Application 10/171,498
in view of Strauch.2
Tomes describes “[a] newly developed method of introducing genetic
material into plant cells” (Tomes, col. 3, ll. 15-16). “[P]article gun
technology, also called microprojectile or microparticle bombardment, [ ]
involves the use of high velocity accelerated particles . . . [which] penetrate
cell walls and membranes, and can carry DNA . . . into the interiors of
bombarded cells . . . without causing death of the cells, and . . . can
effectively deliver foreign genetic material into intact epidermal tissue of
certain plants” (id. at col. 3, ll. 15-28), including maize and other cereal
crops (id. at col. 4, ll. 29-31). In addition, Tomes describes “several
modifications of conventional [culture] techniques [that] are required prior
to bombardment” (id. at col. 3, ll. 40-42).
According to Tomes, “germ line cells are preferred for stable
transformation which in turn results in transformed seed and their progeny”
(id. at col. 4, ll. 65-67). “The term ‘germ line cells’ refers to cells in the
plant organism which can trace their eventual cell lineage to either the male
or female reproductive cell of the plant” (id. at col. 4, ll. 38-41). “When
maize . . . [is] to be modified, it is preferred to use the relatively organized
tissue from the immature embryo of the plant . . . [i.e.,] embryos of the stage
of maturity such that the apical meristem cells are readily accessible to
microprojectile penetration” (id. at col. 3, l. 67 to col. 4, l 5). “In the case of
2 U.S. Patent 5,276,268 to Strauch et al., issued January 4, 1994, from Application
No. 07/736,316 filed July 29, 1991. Application No. 07/736,316 was a
continuation in part of Ser. No. 07/501,314 filed March 26, 1990, which was a
continuation of Ser. No. 07/145,302 filed January 19, 1988. Application No.
07/736,316 was also a continuation of Ser. No. 07/605,131 filed October 31, 1990
which was a continuation of Serial No. 07/088,118 filed August 21, 1987.
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