Appeal No. 2005-0558 Page 5
Application No. 10/280,994
predetermined area of a sheet, wherein the predetermined area of
the sheet is located according to the location of the opening in
the seed coat” as in claim 18, it is abundantly clear to us that
Hartle does not then position the sheet or strip on the
manufactured seed to substantially center the predetermined area
over the opening in the seed coat such that the embryo is located
below the predetermined area, and attach the sheet or strip to
the manufactured seed to seal the opening, as additionally
required in claim 18. In Hartle, it is the lids (274) that are
cut from the sheet or strip of Parafilm™ M laboratory film and
subsequently positioned over the opening in the seed coat of the
manufactured seed and attached to form the end seal for the
manufactured seed.
As appellant has noted in the reply brief (page 3), if
ablating the predetermined area of the sheet or strip is
accomplished by cutting, as the examiner suggests, then the
predetermined area is a hole and positioning the sheet or strip
on the manufactured seed to substantially center the
predetermined area over the opening in the seed coat such that
the embryo is located below the predetermined area, and attaching
the sheet to the manufactured seed cannot possibly “seal” the
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