Ex Parte Anderson et al - Page 1


                                 The opinion in support of the decision being entered today was not written                                    
                                          for publication and is not binding precedent of the Board.                                           

                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                               __________                                                                      
                                    BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                     AND INTERFERENCES                                                                         
                                                               __________                                                                      
                                       Ex parte PAUL C. ANDERSON, PAUL S. CHOMET,                                                              
                                           MATTHEW C. GRIFFOR, and ALAN L. KRIZ                                                                
                                                               __________                                                                      
                                                         Appeal No.  2006-0102                                                                 
                                                      Application No.  09/732,439                                                              
                                                               __________                                                                      
                                                                ON BRIEF                                                                       
                                                               __________                                                                      
                     Before SCHEINER, ADAMS, and GRIMES Administrative Patent Judges.                                                          
                     ADAMS, Administrative Patent Judge.                                                                                       


                                                        DECISION ON APPEAL                                                                     
                             This is a decision on the appeal under 35 U.S.C. § 134 from the                                                   
                     examiner’s final rejection of claims 59-63, 72 and 73.  The only remaining claims,                                        
                     claims 64-71 and 74-96 were withdrawn from consideration as drawn to a non-                                               
                     elected invention.                                                                                                        
                             Claims 59 and 61 are illustrative of the subject matter on appeal and are                                         
                     reproduced below:                                                                                                         
                             59. A transformed monocot plant, which plant is substantially tolerant or                                         
                                   resistant to a reduction in water availability, the cells of which                                          
                                   comprise a recombinant DNA segment comprising a preselected DNA                                             
                                   segment encoding an enzyme which catalyzes the synthesis of the                                             
                                   osmoprotectant proline, wherein the enzyme is expressed in an                                               
                                   amount effective to confer tolerance or resistance to the transformed                                       
                                   plant to a reduction in water availability.                                                                 





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