Ex Parte Carlson - Page 6


                 Appeal No.  2004-2317                                                          Page 6                   
                 Application No.  09/771,938                                                                             
                 As appellant explains (specification, page 31):                                                         
                        Many single locus traits have been identified that are not regularly                             
                        selected for in the development of a new inbred but that can be                                  
                        improved by backcrossing techniques. Single locus traits may or                                  
                        may not be transgenic; examples of these traits include, but are not                             
                        limited to, male sterility, waxy starch, herbicide resistance,                                   
                        resistance for bacterial, fungal, or viral disease, insect resistance,                           
                        male fertility, enhanced nutritional quality, industrial usage, yield                            
                        stability, and yield enhancement. These genes are generally                                      
                        inherited through the nucleus, but may be inherited through the                                  
                        cytoplasm. Some known exceptions to this are genes for male                                      
                        sterility, some of which are inherited cytoplasmically, but still act as                         
                        single locus traits.                                                                             
                        A final aspect of the present invention is directed to a process of                              
                 producing an inbred corn plant derived from a plant of the corn variety I015036.                        
                 See e.g., claim 31.  According to appellant’s specification (bridging paragraph,                        
                 pages 10-11),                                                                                           
                        the present invention provides a method of producing an inbred                                   
                        corn plant derived from the corn variety I015036, the method                                     
                        comprising the steps of: (a) preparing a progeny plant derived from                              
                        corn variety I015036, wherein said preparing comprises crossing a                                
                        plant of the corn variety I015036 with a second corn plant, and                                  
                        wherein a sample of the seed of corn variety I015036 has been                                    
                        deposited under ATCC Accession No. … [PTA-3225]; (b) crossing                                    
                        the progeny plant with itself or a second plant to produce a seed of                             
                        a progeny plant of a subsequent generation; (c) growing a progeny                                
                        plant of a subsequent generation from said seed of a progeny plant                               
                        of a subsequent generation and crossing the progeny plant of a                                   
                        subsequent generation with itself or a second plant; and (d)                                     
                        repeating steps (c) and (d) for an addition 3-10 generations to                                  
                        produce an inbred corn plant derived from the corn variety I015036.                              
                        In the method, it may be desirable to select particular plants                                   
                        resulting from step (c) for continued crossing according to steps (b)                            
                        and (c). By selecting plants having one or more desirable traits, an                             
                        inbred corn plant derived from the corn variety I015036 is obtained                              
                        which possesses some of the desirable traits of corn variety                                     
                        I015036 as well potentially other selected traits.                                               








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