Ex parte SCHIPPER et al. - Page 1




                    The opinion in support of the decision being entered today was not written for                                        
                    publication and is not binding precedent of the Board.                                                                
                                                                                                     Paper No.  14                        
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                              
                                                             __________                                                                   
                                        BEFORE THE BOARD OF PATENT APPEALS                                                                
                                                      AND INTERFERENCES                                                                   
                                                             __________                                                                   
                                     Ex parte JOB SCHIPPER, PETER VAN DER TOORN                                                           
                                                      and TONKO BRUGGINK                                                                  
                                                             __________                                                                   
                                                       Appeal No. 1999-1298                                                               
                                                    Application No. 08/667,167                                                            
                                                             __________                                                                   
                                                              ON BRIEF                                                                    
                                                             __________                                                                   
                    Before ROBINSON, ADAMS and GRIMES, Administrative Patent Judges.                                                      
                    ADAMS, Administrative Patent Judge.                                                                                   
                                                      DECISION ON APPEAL                                                                  
                            This is a decision on the appeal under 35 U.S.C. § 134 from the examiner’s                                    
                    final rejection of claims 45-65, which are all the claims pending in the application.                                 
                            Claims 45 and 59 are illustrative of the subject matter on appeal and are                                     
                    reproduced below:                                                                                                     

                            45.     A process for prolonging the shelf life of primed non-germinated                                      
                    seeds comprising the steps of:                                                                                        
                                    a) incubating primed non-germinated seeds under conditions                                            
                            selected from the group consisting of                                                                         
                                            (i) drying the primed seeds from about 1 to 7 days at a                                       
                                    temperature range of about 3° to 40°C;                                                                






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