Appeal No. 2004-2343 Page 2
Application No. 09/772,520
Claims 3, 6, 15, 16, 17, 27, 28 and 30 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 I026458, wherein a sample of the
seed of the corn variety I026458 was deposited under ATCC Accession
No. PTA-3228.
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 I026458,
wherein a sample of the seed of the corn variety I026458 was deposited
under ATCC Accession No. PTA-3228.
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 I026458, wherein a
sample of the seed of the corn variety I026458 was deposited under
ATCC Accession No. PTA-3228.
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 I026458,
wherein the tissue is capable of regenerating plants capable of
expressing all the physiological and morphological characteristics of the
corn variety I026458, wherein a sample of the seed of the corn variety
I026458 was deposited under ATCC Accession No. PTA-3228.
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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