Appeal No. 2004-2343 Page 27
Application No. 09/772,520
variety I026458, in addition to a method of using that plant to cross with any other
corn plant to produce an inbred corn plant as set forth in appellant’s claim 31.
In our opinion, it matters not what the other corn plants are, or what the
progeny of a cross between corn variety I026458 and some other corn plant
represents. As the examiner explains (Answer, page 20), patentability of the
method of claim 31 “does not lie in the method steps, which require the simple
acts of crossing corn plants, allowing progeny seed to be produced, and growing
progeny plants from the seed….” In our opinion, patentability of the method of
claim 31 does not lie in the various other or second corn plants either. In our
opinion, patentability of the method of claim 31 lies in the use of the corn variety
I026458. Accordingly, for the foregoing reasons, it is our opinion that appellant
has “convey[ed] with reasonable clarity to those skilled in the art that, as of the
filing date sought, [they were] in possession of the invention,” Vas-Cath
(emphasis omitted).
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