Appeal No. 2000-1910 Page 3
Application No. 08/785,716
appellants highlight claim 17 of the ‘558 patent is drawn to:
A seed derived from a wheat plant comprising a
recombinant expression cassette comprising a nucleic acid
encoding a glutenin polypeptide and a seed-specific promoter, the
plant having a glutenin content in the endosperm of a mature seed
at least about 30% different than the glutenin content in the
endosperm of a mature seed from a parental wheat plant.
Therefore, appellants argue that “[c]laim 20 of the subject divisional application is
identical to claim 17 of US Pat No. 5,650,558, but for the substitution of ‘[w]heat
flour’ for ‘[a] seed’.”
According to the examiner (Answer2, page 3) “[t]his appeal relates to a
wheat derived flour which is characterized as having a glutenin content that is at
least 30% altered in comparison to the parental plant.” We agree with the
examiner’s construction of the claim. The claim is written in the form of a
product by process claim. Therefore as the examiner recognizes, the claim is
drawn to “wheat flour”.
Greene:
The examiner finds (Answer, page 3) that Greene “discloses recombinant
expression of … glutenin, which can then be added to wheat, … for the purpose
of improving the quality of the dough, and thereby improving the final product.”
However, the examiner recognizes (id.) that “Greene does not specify any limits
to glutenin addition to wheat flours, but notes that the disclosed methods allow
production of large amounts of the glutenin protein for addition to flours as
desired.”
2 Paper No. 16, mailed December 16, 1998.
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