Appeal No. 2000-1910 Page 2
Application No. 08/785,716
Greene et al. (Greene) 4,826,765 May 2, 1989
Bekes et al. (Bekes) “Effects of a High Mr Glutenin Subunit (1Bx20) on the
Dough Mixing Properties of Wheat Flour,” Journal of Cereal Science,
Vol. 19 pp. 3-7 (1994)
GROUNDS OF REJECTION
Claim 20 stands rejected under 35 U.S.C. § 102(b) as anticipated by
Greene.
Claim 20 stands rejected under 35 U.S.C. § 102(b) as anticipated by
Bekes.
We reverse the rejection over Greene, and remand this application to the
examiner to reconsider the rejection over Bekes.
DISCUSSION
According to appellants (Brief1, page 2) claim 20 on appeal was originally
presented in parent Application No. 08/586,331, now U.S. Patent No. 5,650,558
(the ‘558 patent). However, in the parent application, the examiner found that
the subject matter of claim 20 was “separate and distinct” from the claims of the
‘558 patent which are drawn to methods of making the wheat plant, the resultant
wheat plant, the seed of the plant, and the flour of the seed. Id.
Appellants “[n]ote that wheat flour is nothing more than milled (ground)
wheat seed (Aug. 27, 1998 Anderson Declaration, Appendix C).” In this regard,
1 Paper No. 15, received September 25, 1998.
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