Appeal No. 93-4108
Application 07/552,880
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 19
through 45, all the claims remaining in the application.
Claims 19, 24, and 43 are illustrative of the subject matter on appeal and read as
follows:
19. A method of forming a substantially pure F hybrid population of plants, said
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method including:
(a) planting plots of parent plants in which alternating plots contain plants which are
used as the male and female parent plants respectively;
(b) allowing natural fertilization of said plants to occur;
(c) harvesting fertilised seed from said plots of plants used as the female parent
plant only; and
(d) dosing fertilised seed harvested in step (c) with the phytotoxic chemical; wherein
the parent plants used as male parent plants are resistant to a phytotoxic chemical, said
resistance being attributable solely to a homozygous dominant nuclear marker gene, said
resistant gene being absent from said parent plants used as female parent plants.
24. A method as claimed in claim 19 wherein step (d) is carried out after the
emergence of seedlings from said seed.
43. A method of testing the purity of F hybrid populations of plants said method
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including:
(a) planting plots of parent plants in which alternating plots contain plants used as
the male and female parent plants respectively;
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