Appeal 2007-1026
Application 10/405,819
In Example 2, the effect of GA on embryonic development (Col. 15,
ll. 65-67) was determined. Rinsed embryos were transferred to development
medium, without ABA, in which the concentration of GA varied from 0-25
mg/L (col. 16, ll. 8-13). GA improved embryo quality (col. 16, ll. 20-33).
Example 7 determined the effect of adding GA and ABA to the
maintenance medium. Three primary conditions were examined: 1) GA
alone; 2) ABA alone; and GA and ABA (col. 20, ll. 1-9). Difference
concentrations of each were utilized (id.). Table 6 shows that “either GA
alone or ABA alone improve embryo quality.” (Col. 20, ll. 34-25.)
DISCUSSION
Anticipation over Pullman
Claims 1, 7-9, 16-26, 28, and 29 stand rejected under 35 U.S.C.
§ 102 (b) as anticipated by Pullman.
Claim 1 lists two culturing steps. In the first step, pine tissue is
cultured in, or on, maintenance medium comprising at least one GA, but
which lacks ABA. Following this step, the pine tissue is then cultured in or
on a development medium which does not comprise GA.
According to the Examiner, Pullman in Example 1 describes culturing
embryos in a maintenance medium containing GA, but without ABA
(Answer 3), meeting the first step of instant claim 1. The Examiner asserts
that Example 2 utilizes the maintenance medium of Example 1, and further
cultures the embryos in a development medium lacking GA (Answer 3), the
latter which satisfies the second step recited in claim 1. The Examiner
concludes:
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