Appeal No. 1995-2920
Application 07/999,172
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 19-45, all
the claims remaining in the application.
Claims 19, 20, 26, 30, 31, 32, 39 and 45 are representative:
19. A diploid seed propagatable Pelargonium peltatum plant whose petals
express at least one of the anthocyanidins pelargonidin or paeonidin.
20. A plant according to claim 19 wherein the chromatographically determined
content of the pelargonidin and paeonidin is at least 1% of the total anthocyanidin content.
26. Seeds produced by the plant of claim 19.
30. A diploid seed propagatable Pelargonium peltatum plant containing a factor
resulting in male sterility.
31. A plant according to claim 30 wherein the male sterility is genetic male sterility.
32. A plant according to claim 31, further expressing in its petals at least one of the
anthocyanidins selected from the group consisting of pelargonidin and paeonidin.
39. Seed produced by the plant of claim 31.
45. A seed propagated diploid Pelargonium peltatum plant comprising:
a) a factor resulting in male sterility;
b) at least one of the anthocyanidin pigments, pelargonidin and paeonidin,
expressed in the plant petals;
c) seed produced by said plant and
d) propagating material thereof.
The references relied on by the examiner are:
Duffett et al. (Duffett) PP 3,874 Apr. 27, 1976
Jacobsen PP 6,602 Feb. 14, 1989
Jacobsen PP 6,605 Feb. 14, 1989
Craig PP 6,220 July 12, 1988
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