The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 The only remaining claims, claims 64-71 and 74-96 were withdrawn from consideration as drawn to a non- elected invention.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.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007