Appeal No. 2004-1968 Page 3
Application No. 10/000,311
a) planting a collection of seed comprising seed of a hybrid, one of
whose parents is inbred LH321, said collection also comprising
seed of said inbred;
b) growing plants from said collection of seed;
c) identifying inbred parent plants;
d) controlling pollination in a manner which preserves the
homozygosity of said inbred parent plant; and
e) harvesting the resultant seed.
19. A method for producing a LH321-derived corn plant, comprising:
a) Crossing inbred corn line LH321, representative seed of said line
having been deposited under ATCC [A]ccession [N]umber ,
with a second corn plant to yield progeny corn seed; and
b) Growing said progeny corn seed, under plant growth conditions, to
yield said LH321-derived corn plant.
26. The corn plant, or parts thereof, of claim 2, wherein the plant or parts
thereof have been transformed so that its genetic material contains one
or more transgenes operably linked to one or more regulatory elements.
30. A method for developing a corn plant in a corn plant breeding program
using plant breeding techniques comprising employing a corn plant, or its
parts, as a source of plant breeding material comprising: using the corn
plant, or its parts, of claim 2 as a source of said breeding material.
The references relied upon by the examiner are:
Hunsperger et al. (Hunsperger) 5,523,520 Jun. 4, 1996
Eshed et al. (Eshed), “Less-Than-Additive Epistatic lnteractions of Quantitative
Trait Loci in Tomato,” Genetics, Vol. 143, pp. 1807-17 (1996)
Kraft et al. (Kraft), “Linkage Disequilibrium and Fingerprinting in Sugar Beet,”
Theoretical and Applied Genetics, Vol. 101, pp. 323-36 (2000)
GROUNDS OF REJECTION
Claim 6 stands rejected under 35 U.S.C. § 112, second paragraph as
indefinite in the recitation of the phrase “further defined as comprising a gene
conferring male sterility.”
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