Ex Parte Herman - Page 2

                   Appeal 2006-2166                                                                                                 
                   Application 10/727,442                                                                                           

                   from the log (Specification 3).   The method further includes applying a                                         
                   fertilizer that includes no more than about 0.01 % (w/v) nitrogen to the log                                     
                   in an amount sufficient to promote the growth of shoots from the log                                             
                   (Specification 4-5).                                                                                             
                           Claims 1 and 14 are illustrative:                                                                        
                           1. A method for promoting the growth of shoots from a log, the                                           
                   method comprising the step of applying at least one cytokinin to a member                                        
                   of the group consisting of an Alder log, a Beech log and a Birch log, in an                                      
                   amount sufficient to promote the growth of shoots from the log.                                                  

                           14. The method of Claim 1 further comprising applying a fertilizer,                                      
                   that includes no more than about 0.01% (w/v) nitrogen, to the log in an                                          
                   amount sufficient to promote the growth of shoots from the log.                                                  
                           The Examiner relies on the following prior art references as evidence                                    
                   of unpatentability:                                                                                              
                   G. H. Saul, Vegetative Propagation of Alder (Alnus glutinosa L.) by Rooted                                       
                   Cuttings, 33 Ministry of Natural Resources Forest Research Note 1-4                                              
                   (1982).                                                                                                          
                   Yin Tung Wang, Growth Substance, Light, Fertilizer, and Misting Regulate                                         
                   Propagation and Growth of Golden Pothos, HortScience 25(12), 1602-04                                             
                   (1990).                                                                                                          
                   James A. Bryan, Accelerating Fraser Fir Seedling Growth with                                                     
                   Benzylaminopurine Sprays, HortScience 26(4), 389-390 (1991).                                                     
                   B. Cuenca, In vitro Adventitious Bud Regeneration from Internode Segments                                        
                   of Beech, 60 Plant Cell, Tissue and Organ Culture 213-220 (2000).                                                
                                                                                                                                   
                           The rejections as presented by the Examiner are as follows:                                              
                       1. Claims 1, 7, and 8 are rejected under 35 U.S.C. § 103(a) as being                                         
                           unpatentable over Cuenca in view of Saul.                                                                

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