Ex Parte Gupta et al - Page 3

               Appeal 2007-1026                                                                       
               Application 10/405,819                                                                 

                    28. A method for producing cotyledonary pine embryos, the                         
                    method comprising the steps of:                                                   
                    (a) culturing pine embryonal suspensor masses on solid                            
                    maintenance medium that does not comprise a gibberellin;                          
                    (b) culturing the pine embryonal suspensor masses treated in                      
                    accordance with step (a) in liquid maintenance medium that                        
                    does not comprise a gibberellin;                                                  
                    (c) culturing the pine embryonal suspensor masses treated in                      
                    accordance with step (b) in a liquid maintenance medium                           
                    comprising at least one gibberellin, provided that the liquid                     
                    maintenance medium comprising a gibberellin does not                              
                    comprise abscisic acid; and                                                       
                    (d) culturing the pine embryonal suspensor masses treated in                      
                    accordance with step (c) on solid development medium, that                        
                    does not comprise a gibberellin, to yield cotyledonary pine                       
                    embryos.                                                                          

                                          THE PRIOR ART                                               
                    Pullman describes “a method for reproducing coniferous trees by                   
               somatic embryogenesis using plant tissue culture techniques in a multistage            
               culturing process.”  (Abstract.)  Four primary culturing stages are described,         
               each associated with a particular culture medium composition:                          
                    1)  Initiation or induction.  “A suitable explant, typically the fertilized       
               embryo excised from an immature seed, is first cultured on a medium that               
               induces multiple early stage proembryos.”  (Abstract).  The medium utilized            
               in this step is referred to as “initiation” or “induction” medium (col. 6, ll.         
               22-24; col. 13-14, Table 2).                                                           



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