Ex parte KISHORE et al. - Page 29




                    Appeal No. 93-2460                                                                                                                                    
                    Application No. 07/590,647                                                                                                                            



                    32.  A seed of Claim 30 in which the plant is tobacco.                                                                                                
                    33.  A seed of Claim 30 in which the plant is oil seed rape.                                                                                          
                    34.  A seed of Claim 30 in which the plant is flax.                                                                                                   
                    35.  A seed of Claim 30 in which the plant is sunflower.                                                                                              
                    36.  A seed of Claim 30 in which the plant is sugar beet.                                                                                             
                    37.  A seed of Claim 30 in which the plant is alfalfa.                                                                                                
                    38.  A method for producing glyphosate-tolerant plants which                                                                                          
                    comprises propagating a plant containing a plant gene of Claim 4.                                                                                     
                    39.  The method of Claim 38 in which the propagated plant is                                                                                          
                    selected from the group consisting of maize, tomato, tobacco, oil                                                                                     
                    seed rape, flax, sunflower, sugar beet, alfalfa, cotton, and                                                                                          
                    rice.                                                                                                                                                 
                    40.  A method of Claim 38 in which a first plant is                                                                                                   
                    propagated by crossing between said first plant and a second                                                                                          
                    plant, such that at least some progeny of said cross display                                                                                          
                    glyphosate tolerance.                                                                                                                                 
                    41.  A method of Claim 40 in which the plant is selected                                                                                              
                    from the group consisting of maize, tomato, tobacco, oil seed                                                                                         
                    rape, flax, sunflower, sugar beet, alfalfa, cotton and rice.                                                                                          
                    42.  A DNA sequence encoding a glyphosate-tolerant EPSP                                                                                               
                    synthase of Claim 4.                                                                                                                                  
                    43.  A DNA sequence of Claim 42 which is less than twenty                                                                                             
                    kilobases in length.                                                                                                                                  
                    44.  A DNA sequence of Claim 43 encoding a glyphosate-                                                                                                
                    tolerant plant EPSP synthase.                                                                                                                         

                    45.  A DNA sequence of Claim 43 encoding a glyphosate-                                                                                                
                    tolerant bacterial EPSP synthase.                                                                                                                     


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