Appeal No. 2006-0379
Application No. 10/315,780
disclosure, we agree with the examiner that it would have been
obvious to have selected the type of wheat (white wheat) as
recited in claim 52.
In view of the above, we reverse the 35 U.S.C.
§ 102(b) rejection of claims 50-53, but affirm the rejection of
these claims under 35 U.S.C. § 103 as being obvious over Devic.
III. Conclusion
The rejection of claims 40-45 and 49 under 35 U.S.C. § 103
as being obvious over Devic is affirmed.
The anticipation rejection of claims 50-53 under 35 U.S.C.
§ 102(b) as being anticipated by Devic is reversed.
The obviousness rejection of claims 50-53 under 35 U.S.C.
§ 103(a) as being obvious over Devic is affirmed.
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