Ex Parte Carlson - Page 1


                            The opinion in support of the decision being entered today was not written                   
                                   for publication and is not binding precedent of the Board.                            

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                     __________                                                          
                               BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                           
                                                     __________                                                          
                                             Ex parte Thomas B. Carlson                                                  
                                                     __________                                                          
                                               Appeal No.  2004-23171                                                    
                                             Application No.  09/771,938                                                 
                                                     __________                                                          
                                              Heard: February 10, 20052                                                  
                                                     __________                                                          
                 Before SCHEINER, ADAMS and GREEN, Administrative Patent Judges.                                         
                 ADAMS, Administrative Patent Judge.                                                                     


                                               DECISION ON APPEAL                                                        
                        This is a decision on the appeal under 35 U.S.C. § 134 from the                                  
                 examiner’s final rejection of claims 3, 6, 11, 14-20, 24, 25, and 27-31.  The                           
                 examiner has indicated that claims 1, 2, 5, 7-10, 12, 13 and 21-23 are allowable.                       
                 Answer, page 2.  Claims 4 and 26 are cancelled.  Brief, page 2.                                         




                                                                                                                         
                 1 This appeal is substantially similar to Appeal No. 2004-1503, Application No. 09/606,808;             
                 Appeal No. 2004-1506, Application No. 09/771,938; Appeal No. 2004-1968, Application No.                 
                 10/00,0311; Appeal No. 2004-2343, Application No. 09/772,520; and Appeal No. 2005-0396,                 
                 Application No. 10/077,589, which all share the same assignee, Monsanto Company, the parent             
                 of wholly-owned subsidiary DeKalb Genetics Corporation.  Accordingly we have considered                 
                 these appeals together.                                                                                 
                 2 We note that examiner Ashwin Meta presented arguments at the oral hearing.                            





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