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for publication and is not binding precedent of the Board.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 ANTHONY ROBIN WHITE
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Appeal No. 2007-0317
Application No. 09/944,932
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ORDER UNDER 37 CFR § 41.50(d)
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Before SCHEINER, ADAMS and GRIMES, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
ORDER UNDER 37 CFR § 41.50(d)
This appeal involves plant patent Application No. 09/944,932, filed August
31, 2001. The issue raised in this appeal is whether evidence of foreign sales of
the claimed reproducible plant variety may enable an otherwise non-enabled
printed publication disclosing the plant, thereby creating a bar under 35 U.S.C.
§ 102(b).
Claim 1, the only claim on appeal, is reproduced below:
1. A new and distinct variety of Euphorbia plant named ‘Charam’ as
described and illustrated.
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