Appeal No. 2003-0936
Application No. 09/532,806
51. The transgenic plant of claim 20, further defined
as a fertile R0 transgenic plant.
52. A seed of the fertile R0 transgenic plant of claim 51,
wherein said seed comprises said selected DNA.
85. A transgenic plant3 stably transformed with
a selected DNA comprising a maize GRP promoter
comprising at least 95 contiguous bases of
SEQ ID NO:1.
96. The transgenic plant cell of claim 85, wherein said
selected DNA further comprises a selected coding
region operably linked to said maize GRP promoter.
114. A method of preparing a transgenic plant comprising
the steps of:
(i) obtaining a construct comprising a maize GRP
promoter comprising at least 95 contiguous bases
of SEQ ID NO:1;
(ii) transforming a recipient plant cell with said
construct; and
(iii) regenerating said recipient plant cell to
obtain a transgenic plant transformed with said
construct.
According to the examiner, (1) appellants’ claims are drawn
to “subject matter which was not described in the specification in
such a way as to reasonably convey to one skilled in the relevant
art that the inventor(s), at the time the application was filed,
had possession of the claimed invention” (EA 3); and
3 Note that claims dependent upon Claim 85 refer to
“[t]he transgenic plant cell of claim 85" (emphasis added).
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