Ex Parte Spencer et al - Page 8

            Appeal 2007-0082                                                                                 
            Application 10/171,498                                                                           
            for "regenerating ordinary corn protoplasts into fertile plants".  (Science, p. 630,             
            col. 1 and 2).  The Science article indicates the first problem was solved by the use            
            of a "gene gun … to propel genes directly into whole cells." (Science, p. 630, col.              
            2).  The second problem was also solved because the gene gun procedure resulted                  
            in cells that were "amenable to cell culture procedures."  (Science, p. 630, col 3).             
            When these two problems were solved, researchers obtained fertile genetically                    
            engineered corn plants expressing a gene for herbicide resistance. (Science, p. 630,             
            col. 2).                                                                                         
                   As discussed above, these are the very obstacles addressed at length in                   
            Tomes.                                                                                           
                   Again, Tomes states that,                                                                 
                   [a] newly developed method of introducing genetic material into plant                     
                   cells is particle gun technology, also called microprojectile or                          
                   microparticle bombardment, which involves the use of high velocity                        
                   accelerated particles… It has been demonstrated that such                                 
                   microparticles can enter plant cells without causing death of the cells                   
                   and that they effectively deliver foreign genetic material into intact                    
                   epidermal tissue of certain plants.                                                       
            (Tomes, col. 3, ll. 14-30).   Tomes further states that the                                      
                   time within the subculture interval is an important determinant of the                    
                   efficiency of stable transformation.  The preferred time for                              
                   microparticle bombardment is one day after subculture. … The callus                       
                   is prepared for bombardment by passing through a 700 micron sieve                         
                   which breaks the larger clumps which have a maximum diameter of                           
                   about 650 microns. … Preferably the cells are bombarded on the first                      
                   or second day following sieving.                                                          
                   It was also determined that both sieved callus and suspension cultures                    
            require a certain density on the Petri dish and a specific surface area for                      
            treatment with bombardment if successful transformation is to be achieved.                       


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