Appeal No. 1995-3249
Application No. 07/670,644
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 3, 4, 7, 9,
10 and 12 through 25, all the claims remaining in the application.
Claims 21, 15, 16 and 19 are representative:
21. A plant transformation construct comprising the following DNA elements
operably joined in a 5' to 3' direction:
(a) a transcriptional initiation regulatory element functional in plants;
(b) a structural gene encoding a catechol dioxygenase; and
(c) a transcriptional termination regulatory element functional in plants.
15. A transgenic plant cell containing, as part of its genome, a plant transformation
construct according to Claim 21.
16. A transgenic plant whose progenitor is a transgenic plant cell according to
Claim 15.
19. A method of degrading aromatic compounds in soil comprising planting in said
soil a transgenic plant according to Claim 16.
The references relied on by the examiner are:
Olsen 4,508,824 Apr. 2, 1985
Fillatti et al. (Fillatti) 4,795,855 Jan. 3, 1989
Stalker 0,229,042 Jul. 15, 1987
(European patent application)
M.M. Zukowski et al. (Zukowski), “Chromogenic Identification of Genetic Regulatory
Signals in Bacillus subtilis Based on Expression of a Cloned Pseudomonas Gene,”
80 PNAS 1101-05 (1983).
R.H. Don et al. (Don), “Transposon Mutagenesis and Cloning Analysis of the Pathways for
Degradation of 2,4-Diclorophenoxyacetic Acid and 3-Chlorobenzoate in Alcaligenes
eutrophus JMP134(pJP4),” 161 Journal of Bacteriology, no. 1, 85-90 (1985).
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