Appeal 2007-1026
Application 10/405,819
Tissue culture of pine embryonic tissue is utilized to prepare pine tree
clones to ultimately produce pine tree forests which have desirable
characteristics (id. at 1). Pine embryos are cultured on tissue culture
medium in the presence of plant hormones to form cotyledonary pine
embryos (id.). “The embryos may then be germinated and grown to yield
pines trees.” (Id.)
Claims 1-26, 28, and 29, all the pending claims, are on appeal (Br. 3).
All the pending claims stand rejected over prior art (id.). The Examiner has
rejected claims 1, 7-9, 16-26, 28, and 29 under 35 U.S.C. § 102(b) as
anticipated by Pullman,1 and claims 1-26, 28, and 29 under 35 U.S.C.
§ 103(a) as obvious over Pullman (id. at 6). Appellants provide separate
arguments only for claim 28 (Reply Br. 2-4). Consequently, all the claims
stand or fall together in each rejection, except for claim 28. We select claim
1 as representative for deciding the rejection of claims 1, 7-9, 16-26, and 29
under § 102 and of claims 1-26 and 29 under § 103. See 37 C.F.R. §
41.37(c)(1)(vii). Claims 1 and 28 read as follows:
1. A method for producing cotyledonary pine embryos, said
method comprising the steps of:
(a) culturing embryogenic pine tissue in, or on, a maintenance
medium comprising at least one gibberellin, provided that the
maintenance medium does not comprise abscisic acid; and
(b) culturing the embryogenic pine tissue treated in accordance
with step (a) in, or on, a development medium that does not
comprise a gibberellin to yield cotyledonary pine embryos.
1 Pullman, U.S. Patent 5,294,549, Mar. 15, 1994.
2
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