Ex Parte Elsner - Page 3

                Appeal No. 2004-0167                                                                            Page 3                   
                Application No. 09/753,976                                                                                               


                solitary occurrence that would go unnoticed by those skilled in the art” and (2) would                                   
                enable one to reproduce the plant without undue experimentation.                                                         
                                                     VACATED; REMANDED                                                                   


                                                William F. Smith                        )                                                
                                                Administrative Patent Judge             )                                                
                                                                                        )                                                
                                                                                        ) BOARD OF PATENT                                
                                                                                        )                                                
                                                Donald E. Adams                         )                                                
                                                Administrative Patent Judge             )   APPEALS AND                                  
                                                                                        )                                                
                                                                                        ) INTERFERENCES                                  
                                                                                        )                                                
                                                Eric Grimes                             )                                                
                                                Administrative Patent Judge             )                                                


























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