Ex parte STREBER et al. - Page 7




               Appeal No.  94-0224                                                                                                    
               Application 07/322,604                                                                                                 


               at the time of the present invention to transform any plant with any bacterial gene and                                
               expect that that gene would be expressed in the plant, yet not harm the plant.  The                                    
               examiner’s position falls from its own weight.                                                                         
                       The rejection under 35 U.S.C. § 103 is reversed.                                                               































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