Appeal No. 1995-2920
Application 07/999,172
Nevertheless, we do not agree that the facts of this case, as developed on this
record, justify shifting the burden of proof to appellants. Horn, already of record, indicates
that propagation of P. peltatum by seed is the rare exception in breeding ivy-leafed
geraniums, and that one of the main reasons for the slow progress in this area is “the
sterility of many cultivars.” Viewed in this light, the silence of the prior art references on the
issue of propagation by seed is conspicuous. We emphasize that our decision is based
solely on a review of the record before us. On this record, it is not reasonable to shift the
burden to appellants to establish whether or not the prior
art plants are in fact diploid seed propagatable. Accordingly, the rejections under
35 U.S.C. §§ 102(b) and 103 are reversed.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
)
)
WILLIAM F. SMITH ) BOARD OF PATENT
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007