Appeal No. 2004-1968 Page 25
Application No. 10/000,311
The inventions of claims 17-19, 21, 24, 30 and 31 are drawn to the use of the
LH321 inbred line as the starting material11 to produce an inbred corn plant. In
this regard, we emphasize, these claims are not drawn to a seed or plant that is
the result of such a cross. The examiner has provided no evidence on this
record that person of ordinary skill in the art could not produce another inbred
line, which uses a corn plant of the LH321 inbred line as the starting material.
Therefore, we are not persuaded by the examiner’s unsupported assertions to
the contrary.
Accordingly, for the foregoing reasons, we reverse the rejection of claims
6, 12-19, 21, 24, 26-28, 30 and 31 under the enablement provision of 35 U.S.C. §
112, first paragraph.
SUMMARY
We reverse the rejection of claims 6 and 26-28 under 35 U.S.C. § 112,
second paragraph.
We reverse the rejection of claims 6, 12-19, 21, 24, 26-28, 30 and 31
under the written description provision of 35 U.S.C. § 112, first paragraph.
We reverse the rejection of claims 6, 12-19, 21, 24, 26-28, 30 and 31
under the enablement provision of 35 U.S.C. § 112, first paragraph.
11 See Answer, page 12, wherein the examiner also recognizes that “LH321 may be used only in
the initial cross….”
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