Appeal No. 1996-0963
Application 07/947,249
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims
203 through 266, all the claims pending in the application. Claims 232 through 234, and
264 are representative of the subject matter on appeal and read as follows:
232. A monocotyledonous seed from which a plant can be grown, the growth of
which plant is resistant to inhibition by an herbicide at levels which normally inhibit the
growth of that species of plant by inhibiting the activity of acetohydroxyacid synthase,
wherein said resistance is conferred by an altered acetohydroxyacid synthase whose
activity is resistant to inhibition by said herbicide at levels of said herbicide which normally
inhibit the activity of an unaltered acetohydroxyacid synthase, and wherein the plant is of a
species in which fertile plants can be regenerated from tissue culture.
233. A seed according to claim 232, wherein the plant is a cereal.
234. A seed according to claim 232, wherein the plant is selected from the group
consisting of rice, wheat, barley, sorghum, oats, rye and millet.
264. A monocotyledonous plant, the growth of which is resistant to inhibition by an
herbicide at levels which normally inhibit the growth of that species of plant by inhibiting the
activity of acetohydroxyacid synthase, wherein said resistance is conferred by an altered
acetohydroxyacid synthase whose activity is resistant to inhibition by said herbicide at
levels of said herbicide which normally inhibit the activity of an unaltered acetohydroxyacid
synthase, and wherein the plant is of a species in which fertile plants can be regenerated
from tissue culture.
All of the claims on appeal stand rejected under the first paragraph of 35 U.S.C. §
112, as “the disclosure is enabling only for claims limited to Zea mays (i.e. maize, or
corn).” Examiner’s Answer, page 3. We REVERSE the rejection.
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