Appeal No. 2004-2343 Page 5
Application No. 09/772,520
BACKGROUND
The present “invention relates to inbred corn seed and plants of the variety
designated I026458, and derivatives and tissue cultures thereof.” Specification,
page 2. According to appellant (specification, page 28), “[a] description of the
physiological and morphological characteristics of corn plant I026458 is
presented in Table 3” of the specification, pages 28-29. On this record the
examiner has indicated that claims drawn to plants, plant parts, and seed of the
corn variety designated I026458 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) hybrid6] 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 I026458.” 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.”
6 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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