Appeal No. 94-1709
Application 07/716,115
In the preceding paragraphs, I have attempted to
outline the status of the potato mesophyll
protoplast/ plant regeneration experimental system
as it pertains to the improvement of this
significant crop plant. The results are
preliminary, and it will require an additional 2 or
more years before we can truly assess the
horticultural worth of regenerated material.
Biologically and genetically, however, certain
misgivings about the utility of such systems appear
satisfied. [Shepard, page 214, emphasis added.]
All in all, we believe that the examiner "stretches" the
teaching of Shepard by stating as follows:
Shepard teaches that protoplasts can be subjected to
suspected disease causing agents during development
and subsequently resistant strains can be selected
from the wild type by their lack of disease
symptoms, i.e.[,] their lack of susceptibility to
the causative agent of the disease. [Examiner's
Answer, paragraph bridging pages 3 and 4.]
Shepard is more circumspect than that. Shepard describes
"prospects for protoplast and/or callus selection," but the
results are preliminary in nature. According to Shepard,
"[t]he results are preliminary, and it will require an
additional 2 or more years before we can truly assess the
horticultural worth of regenerated material" (Shepard, page
214). Although it is reasonable to expect that some variants
could be selected early as either protoplasts or small calli
and then be regenerated into plants possessing a predicted
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