Ex Parte McElroy et al - Page 17




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


         constructs (Spec., pp. 61-108) and various art recognized methods          
         suitable for plant transformation, growth, stabilization,                  
         regeneration, seed production, and breeding (Spec., pp. 69-74),            
         including liberal citation of the prior art and discussion of the          
         state of the art.  Following the aforementioned teachings, the             
         specification introduces the examples presented as follows (Spec.,         
         pp. 110-111)(emphasis added):                                              
                   The following examples are included to demonstrate               
              preferred embodiments of the invention.  It should                    
              be appreciated by those of skill in the art that the                  
              techniques disclosed in the examples which follow                     
              represent techniques discovered by the inventor to                    
              function well in the practice of the invention, and                   
              thus can be considered to constitute preferred modes                  
              for its practice.  However, those of skill in the art                 
              should, in light of the present disclosure, appreciate                
              that many changes can be made in the specific embodiments             
              which are disclosed and still obtain a like or similar                
              result without departing from the concept, spirit and                 
              scope of the invention. . . . .                                       
                                      . . . . .                                     
                   The current inventors have demonstrated the utility              
              of a novel maize promoter, designated Zea Mays Glycine                
              Rich Protein (ZMGRP) promoter, in conjunction with an intron          
              in transgenic maize.  The ZMGRP promoter comes from a gene            
              (Genbank Acc# GI/22312) that is induced in response to                
              water stress and wounding.  The ZMGRP mRNA has been shown             
              to accumulate in epidermal cells upon induction (Gomez                
              et al., 1988).  The ZMGRP promoter was isolated from a                
              maize B73 genomic library and fused to the gus reporter               
              gene, both with and without a modified intron from the rice           
              Act2 gene (see Example 5).                                            


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