Ex Parte McElroy et al - Page 2




         Appeal No. 2003-0936                                                       
         Application No. 09/532,806                                                 


         paragraph.  Claims 1, 4-54, and 85-131 stand finally rejected for          
         noncompliance with the enablement requirement of 35 U.S.C. § 112,          
         first paragraph (Brief on Appeal, p. 3 (AB 3); Examiner’s Answer,          
         p. 3 (EA 3)).  Claims 1, 4-20, 33, 34, 45, 46, 48, 49, 51, 52, 85,         
         96, and 114, reproduced below, are representative of the full scope        
         of the subject matter claimed.                                             
              1.   An isolated nucleic acid comprising a maize GRP                  
                   promoter comprising at least 95 contiguous bases of              
                   SEQ ID NO:1.                                                     
              4.   The isolated nucleic acid of claim 1, wherein said               
                   GRP promoter comprises from about 110 to about                   
                   3536 contiguous nucleotides of the nucleic acid                  
                   sequence of SEQ ID NO:1.                                         
              5.   The isolated nucleic acid of claim 1, wherein said               
                   GRP promoter comprises from about 125 to about                   
                   3536 contiguous nucleotides of the nucleic acid                  
                   sequence of SEQ ID NO:1.                                         
              6.   The isolated nucleic acid of claim 1, wherein said               
                   GRP promoter comprises from about 250 to about                   
                   3536 contiguous nucleotides of the nucleic acid                  
                   sequence of SEQ ID NO:1.                                         
              7.   The isolated nucleic acid of claim 1, wherein said               
                   GRP promoter comprises from about 400 to about                   
                   3536 contiguous nucleotides of the nucleic acid                  
                   sequence of SEQ ID NO:1.                                         
              8.   The isolated nucleic acid of claim 1, wherein said               
                   GRP promoter comprises from about 750 to about                   
                   3536 contiguous nucleotides of the nucleic acid                  
                   sequence of SEQ ID NO:1.                                         
              9.   The isolated nucleic acid of claim 1, wherein said               
                   GRP promoter comprises from about 1000 to about                  

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