Appeal No. 2004-2317 Page 5
Application No. 09/771,938
record the examiner has indicated that claims drawn to plants, plant parts, and
seed of the corn variety designated I015036 are allowable. See e.g., claims 1, 2,
5, 7-10, 12 and 13, and Answer, page 2, wherein the examiner states “[c]laims 1,
2, 5, 7-10, 12 [and] 13 … are allowed.”
A second aspect of the present invention comprises hybrid plants and
processes “for producing [first generation (F1) hybrid5] corn seeds or plants,
which … generally comprise crossing a first parent corn plant with a second
parent corn plant, wherein at least one of the first or second parent corn plants is
a plant of the variety designated I015036.” Specification, pages 7-9. On this
record the examiner has indicated that claims drawn to a process of producing
corn seed wherein the process comprises crossing a first parent corn plant with a
second parent corn plant are allowable. See e.g., claims 21-23 and Answer,
page 2, wherein the examiner states claims “21-23 are allowed.”
A third aspect of the present invention comprises single locus converted
plants of the corn variety I015036. Specification, page 6. As appellant explains
(specification, page 23, emphasis added), single locus converted (conversion)
plants are those plants
which are developed by a plant breeding technique called
backcrossing wherein essentially all of the desired morphological
and physiological characteristics of an inbred are recovered in
addition to the characteristics conferred by the single locus
transferred into the inbred via the backcrossing technique. A single
locus may comprise one gene, or in the case of transgenic plants,
one or more transgenes integrated into the host genome at a single
site (locus).
5 According to the specification (page 21), a F1 hybrid is “[t]he first generation progeny of the
cross of two plants.” During oral hearing, appellant confirmed that all claims drawn to hybrid
plants or hybrid seeds (see e.g., claims 24 and 25) refer to F1 hybrids.
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