Appeal No. 94-1709
Application 07/716,115
Claims 1 and 9, which are illustrative of the subject
matter on appeal, read as follows:
1. A method for in vitro selection of blackspot
resistant tubers from regenerated potato plants obtained from
tissue culture, comprising the steps of:
(a) culturing tissue obtained from a potato plant in cell
layer medium and associated reservoir medium;
(b) subculturing said tissue on callus proliferation
medium to obtain callus formation;
(c) subculturing said callus on shoot induction medium to
obtain shoot formation;
(d) subculturing said shoot on a rooting medium to ensure
root formation, whereby potato plants are regenerated from
which blackspot resistant tubers are produced; and
(e) adding at least one melanin precursor to at least one
of said reservoir, callus proliferation, and rooting media,
whereby said potato plants are regenerated from the calli and
roots which show no blackening response when the melanin
precursor is added.
9. Potato plants regenerated in accordance with the
method of claim 1.
The references relied on by the examiner are:
Cherry et al. (Cherry) 4,937,085 June 26, 1990
J. F. Shepard, "Mutant Selection and Plant Regeneration from
Potato Mesophyll Protoplasts," Genetic Improvement of Crops
Emergent Techniques 185-219 (I. Rubenstein et al. eds.,
University of Minn. Press 1980).
The issues presented for review are: (1) whether the
examiner erred in rejecting claims 9 and 18 through 20 under
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