Ex Parte Carlson - Page 2


                 Appeal No.  2004-2317                                                          Page 2                   
                 Application No.  09/771,938                                                                             
                        Claims 3, 6, 15, 16, 17, 27, 28, 30 and 31 are illustrative of the subject                       
                 matter on appeal and are reproduced below.  In addition, for convenience, we                            
                 have reproduced allowable claims 2 and 5 below:                                                         
                     2.  A population of seed of the corn variety I015036, wherein a sample of the                       
                        seed of the corn variety I015036 was deposited under ATCC Accession                              
                        No. PTA-3225.                                                                                    
                     3. The population of seed of claim 2, further defined as an essentially                             
                        homogeneous population of seed.                                                                  
                     5. A corn plant produced by growing a seed of the corn variety I015036,                             
                        wherein a sample of the seed of the corn variety I015036 was deposited                           
                        under ATCC Accession No. PTA-3225.                                                               
                     6. The corn plant of claim 5, having:                                                               
                            (a) an SSR profile in accordance with the profile shown in Table 6; or                       
                            (b) an isozyme typing profile in accordance with the profile shown in                        
                                Table 7.                                                                                 
                     15. A corn plant capable of expressing all the physiological and                                    
                         morphological characteristics of the corn variety I015036, wherein a                            
                         sample of the seed of the corn variety I015036 was deposited under                              
                         ATCC Accession No. PTA-3225.                                                                    
                     16. The corn plant of claim 15, further comprising a nuclear or cytoplasmic                         
                         gene conferring male sterility.                                                                 
                     17. A tissue culture of regenerable cells of a plant of corn variety I015036,                       
                         wherein the tissue is capable of regenerating plants capable of                                 
                         expressing all the physiological and morphological characteristics of the                       
                         corn variety I015036, wherein a sample of the seed of the corn variety                          
                         I015036 was deposited under ATCC Accession No. PTA-3225.                                        
                     27. The corn plant of claim 5, further defined as having a genome comprising                        
                         a single locus conversion.                                                                      
                     28. The corn plant of claim 27, wherein the single locus was stably inserted                        
                         into a corn genome by transformation.                                                           
                     30. The corn plant of claim 27, wherein the locus confers a trait selected from                     
                         the group consisting of herbicide tolerance; insect resistance; resistance                      
                         to bacterial, fungal, nematode or viral disease; yield enhancement; waxy                        







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