Ex Parte Toland - Page 1



                      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                             for publication and is not binding precedent of the Board.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 MITCHELL R. TOLAND                                              
                                                __________                                                   
                                             Appeal 2007-2681                                                
                                          Application 10/680,676                                             
                                          Technology Center 1600                                             
                                                __________                                                   
                                          Decided: July 13, 2007                                             
                                                __________                                                   
                Before TONI R. SCHEINER, DONALD E. ADAMS, and ERIC GRIMES,                                   
                Administrative Patent Judges.                                                                
                GRIMES, Administrative Patent Judge.                                                         


                                         DECISION ON APPEAL                                                  
                      This is an appeal under 35 U.S.C. § 134 involving claims to a method                   
                for sorting plant embryos.  The Examiner has rejected the claims as                          
                nonenabled and lacking adequate written description.  We have jurisdiction                   
                under 35 U.S.C. § 6(b).  We reverse the rejection for inadequate written                     
                description but affirm the rejection for nonenablement.                                      







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