DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
Claims 1-23 are pending.
Claims 1-23 are examined herein.
Claim Objections
Applicant is advised that should claim 5 be found allowable, claim 8 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Both claims are drawn to a onion plant having all the physiological and morphological characteristics of onion line SVNB3693.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
The Federal Circuit has clarified the written description requirement. The court stated that a written description of an invention "requires a precise definition, such as by structure, formula, [or] chemical name, of the claimed subject matter sufficient to distinguish it from other materials". University of California v. Eli Lilly and Co., 119 F.3d 1559, 1568; 43 USPQ2d 1398, 1406 (Fed. Cir. 1997). The court also concluded that "naming a type of material generally known to exist, in the absence of knowledge as to what that material consists of, is not description of that material". Id. Further, the court held that to adequately describe a claimed genus, Patent Owner must describe a representative number of the species of the claimed genus, and that one of skill in the art should be able to "visualize or recognize the identity of the members of the genus". Id.
The claims all require seed of onion line SVNB3693.
Since the seed claimed is essential to the claimed invention, it must be obtainable by a repeatable method set forth in the specification or otherwise be readily available to the public. The specification does not disclose a repeatable process to obtain the exact same seed in each occurrence and it is not apparent from the specification if such a seed is readily available to the public.
If a seed is not so obtainable or available, a deposit thereof may satisfy the requirements of 35 U.S.C. 112. So long as the number of seeds deposited complies with the requirements of the IDA where the deposit is made, the USPTO considers such a compliant submission as satisfying the rules under 37 CFR 1.801 through 1.809.
It is noted that Applicant has deposited seeds for SVNB3693 at the NCMA and the deposit was accepted under the Budapest Treaty (¶105). However, there is no affirmative statement in the specification that all restrictions upon availability to the public will be irrevocably removed upon granting of the patent. Applicant merely says that “All restrictions upon the deposit have been removed”, which is not the same thing as saying they have been irrevocably removed.
As the deposit of these seeds was made and accepted under the terms of the Budapest Treaty, then an affidavit or declaration by the Applicant, or a statement by an attorney of record over his or her signature and registration number, stating that the seeds will be irrevocably and without restriction or condition released to the public upon the issuance of a patent would satisfy the deposit requirement made herein. Merely amending the specification is not sufficient.
Claims 1-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter that was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention
A. Claim 13 is drawn to an onion plant produced by a method comprising backcrossing a desired trait into a plant of onion line SVNB3693. Claim 15 is drawn to an onion plant produced by a transgene into a plant of onion line SVNB3693.
Claim 13, while requiring via its parent claim that the plant have the desired trait and otherwise all the physiological and morphological characteristics of SVNB3693, places no limits on the number of desired traits in the claimed plant. The claim thus reads on a onion plant with any number of differences in physiological and morphological characteristics and genetics compared to SVNB3693.
Transgenes can be introduced into a plant by any number of crossing steps with any number of other plants; thus, the plant claimed in claim 15 has not requirement of having the transgene and otherwise all physiological and morphological characteristics and genetics of SVNB3693.
The specification describes no structural features that distinguish plants of onion line SVNB3693 comprising any number of desired traits or differences in physiological and morphological characteristics and/or genetics from other onion plants.
Hence, Applicant has not, in fact, described the onion plants of claims 13 and 15, and the specification fails to provide an adequate written description of the claimed invention.
Therefore, given the lack of written description in the specification with regard to the structural and functional characteristics of the claimed compositions, Applicant does not appear to have been in possession of the claimed genus at the time this application was filed.
B. The instant specification fails to satisfy the written description requirement of 35 U.S. Code § 112(a) because it does not provide a description sufficient to conduct an to conduct an examination, including search of the prior art
MPEP 2163 (I) states
The written description of the deposited material needs to be as complete as possible because the examination for patentability proceeds solely on the basis of the written description. See, e.g., In re Lundak, 773 F.2d 1216, 227 USPQ 90 (Fed. Cir. 1985); see also 54 Fed. Reg. at 34,880 ("As a general rule, the more information that is provided about a particular deposited biological material, the better the examiner will be able to compare the identity and characteristics of the deposited biological material with the prior art.").
The instant specification fails to satisfy the written description because it does not provide enough description to be sufficient to aid in the resolution of questions of infringement.
MPEP 2163(I) states
“The description must be sufficient to permit verification that the deposited biological material is in fact that disclosed. Once the patent issues, the description must be sufficient to aid in the resolution of questions of infringement." Id. at 34,880.)” (Quoting the Deposit of Biological Materials for Patent Purposes, Final Rule, 54 Fed. Reg. 34,864 (August 22, 1989) at 34,880).
In the instant application, a full examination cannot be conducted. In claims 1-23, Applicant claims a new onion plant line. A plant line, variety or cultivar is defined by both its genetics (breeding history) and its traits. In the instant application, the specification only provides a description of the plant traits (Table 1). The instant specification is silent as to the breeding history used to produce the claimed plant line.
The criticality of a breeding history in assessing the intellectual property rights of a plant is well recognized in the field of plant breeding. With regard to Plant Patents, MPEP 1605 states that a complete detailed description of a plant includes “the origin or parentage”. Other bodies that grant intellectual property protection for plant varieties require breeding information to evaluate whether protection should be granted to new varieties. A breeding history, including information about parentage and breeding methodology, is part of the requirements of Plant Variety Protection (PVP) applications. That information is used to “determine if development is sufficient to consider the variety new” (USDA, “Applying for a Plant Variety Certificate of Protection”, https://www.ams.usda.gov/services/pvpo/application-help/apply, accessed 1 May 2023). Additionally, the International Union for the Protection of New Varieties of Plants (UPOV) considers breeding history and methodology part of its evaluation of essentially derived plant varieties (UPOV, 2017, Explanatory Notes on Essentially Derived Varieties Under the 1991 Act of the UPOV Convention, see notes 14 and 30). While the USPTO, USDA, and UPOV have different laws governing intellectual property rights, all recognize that a breeding history is an essential part of adequate description of the plant sought to be protected.
The breeding history is also necessary to aid in the resolution of patent infringement by providing information necessary to determine whether differences in plants where genetic differences, differences caused by the environment, or differences within the accepted variation within a variety. Historically, the USPTO has considered breeding history information when determining the patentability of a new plant variety (See Ex Parte C (USPQ 2d 1492 (1992) and Ex Parte McGowen, Board Decision in Application 14/996,093, 2020). In both of these cases, there were many differences cited by the applicant when comparing the prior art and the new plant variety. However, because the breeding history was available, these differences were deemed to be obvious and within the natural variation expected in a backcrossing breeding process. Without a breeding history in these cases, a complete comparison with the prior art could not have been possible.
Moreover, a specification devoid of a breeding history hampers the public’s ability to resolve infringement analysis with plants already in the prior art as well as plants that have not yet been patented. Because the instant specification lacks the breeding history, the public will not be able to fully resolve questions of infringement. Since the breeding history, including the parents, is not known to the public, the public could only rely on the phenotypes of the claimed plants for assessing potential infringement.
As seen above in Ex Parte C and Ex Parte McGowan, trait tables are insufficient to differentiate plant lines by themselves. A breeding history is an essential and the least burdensome way to provide genetic information needed to adequately describe a newly developed plant.
Thus, an application that does not clearly describe the breeding history does not provide an adequate written description of the invention.
To overcome this rejection, Applicant must amend the specification to provide the breeding history used to develop the instant onion line. When identifying the breeding history, Applicant should identify any and all other potential names for all parental lines utilized in the development of the instant onion line. For example, if Applicant’s breeding history uses proprietary line names, Applicant should notate in the specification all other names of the proprietary lines, especially publicly disclosed or patented line information. If the breeding history encompasses a locus conversion or a backcrossing process, Applicant should clearly indicate the recurrent parent and the donor plant and specifically name the trait or transgenic event that is being donated to the recurrent parent. If any of the parents is a backcross progeny or locus converted line of a publicly disclosed line, Applicant should provide the breeding history of the parent line(s) as well (i.e., grandparents).
Applicant is also reminded that they have a duty to disclose information material to patentability. Applicant should also notate the most similar plants, which should include any other plants created using similar breeding history (such as siblings of the instant variety). This information can be submitted in an IDS with a notation of the relevancy to the instant application or as information submitted as described in MPEP 724 (e.g., trade secret, proprietary, and Protective Order).
Claim Rejections - 35 USC §§ 102, 103
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 1-23 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over U.S. Patent No. 9,648,816 taken with the evidence of US PVP Grant No. 201300459, Onion Variety SV4522NB (2017).
‘816 teaches plants and seeds of SV4522NB (claims 1-2; Table 1).
The transmittal letter for the IDS filed 14 December 2023 in the instant application indicates that instant SVNB3693 was made by several rounds of selfing SV4522NB. The transmittal letter also states that SV4522NB is heterozygous.
However, ‘816 indicates that SV4522NB is an inbred, i.e., not heterozygous. For example, column 5, lines 41-44, states
SV4522NB is uniform and stable. A small percentage of variants can occur within commercially acceptable limits for almost any characteristic during the course of repeated multiplication. However no variants are expected.
The PVP Grant for SV4522NB also says this (pg 4, section 8):
No genetic variants or off-types have been observed during 3 generations of reproduction and seed increases in 2009, 2010, and 2011, which indicates that SV4522NB is genetically uniform. No variants are known or expected to occur.
Only inbreds, when repeatedly multiplied, show no variants. If SV4522NB were heterozygous, then variants would be seen in the progeny produced by its repeated multiplication and reproduction and seed increases.
Column 7, lines 41-44, of ‘816 states
One aspect of the current invention concerns methods for crossing the onion line SV4522NB with itself or a second plant and the seeds and plants produced by such methods. These methods can be used for propagation of line SV4522NB, or can be used to produce hybrid onion seeds and the plants grown therefrom. Hybrid seeds are produced by crossing line SV4522NB with second onion parent line.
Only if SV4522NB is an inbred can crossed with itself to propagate SV4522NB. If SV4522NB were heterozygous, then the progeny produced by crossing SV4522NB with itself will be hybrids that segregate for various genes and traits; these hybrids would not be SV4522NB.
Lastly, ‘816’s claim 18 reads as follows:
18. A method of introducing a desired trait into onion line SV4522NB comprising: (a) crossing a plant of line SV4522NB with a second onion plant that comprises a desired trait to produce F1 progeny, a sample of seed of said line SV4522NB having been deposited under ATCC Accession Number PTA-121600; (b) selecting an F1 progeny that comprises the desired trait; (c) crossing the selected F1 progeny with a plant of line SV4522NB to produce backcross progeny; (d) selecting backcross progeny comprising the desired trait; and (e) repeating steps (c) and (d) three or more times to produce selected fourth or higher backcross progeny that comprise the desired trait and otherwise all of the physiological and morphological characteristics of onion line SV4522NB when grown in the same environmental conditions.
Only if SV4522NB is an inbred can a desired trait be backcrossed into it, using it as a recurrent parent to produce a plant with the desired trait and otherwise all of the physiological and morphological characteristics of onion line SV4522NB. If SV4522NB were heterozygous, then the progeny produced by producing backcross progeny as claimed in ‘816’s claim 18 would segregate for various genes and traits; plants with the desired trait and otherwise all of the physiological and morphological characteristics of onion line SV4522NB could never be made.
Since ‘816 indicates that SV4522NB is an inbred, selfing SV4522NB, followed by several rounds of selfing would produce SV4522NB. Thus, instantly claimed SVNB3693, which was made by selfing SV4522NB, followed by several rounds of selfing, must be SV4522NB or a plant with all of the physiological and morphological characteristics of onion line SV4522NB.
Although Table 1 of ‘816, which describes SV4522NB, shows some differences in its physiological and morphological characteristics when compared to the physiological and morphological characteristics of the instantly claimed plant (instant Table 1), these differences must be the result of environmental influence. ‘816 and the instant specification acknowledge that at least some of SV4522NB’s and SVNB3693’s traits are affected by the environment the plant was grown in (column 5, lines 15-22 and the footnote of Table 1 of ‘816; ¶30 and the footnote of Table 1 of the instant specification). As the data in Table 1 of ‘816 and that of the instant Table 1 were produced from plants grown in different years, the plants were grown in different environments. As the evidence detailed above shows that SVNB3693 is SV4522NB, any differences in the physiological and morphological characteristics between Table 1 of ‘816 and the instant Table 1 must be due to environmental influence.
If the statements and claims in ‘816 are incorrect and SV4522NB is heterozygous, one of ordinary skill in the art would have seen that when seed is produced from SV4522NB, variants appear in the progeny. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to perform several rounds of selfing SV4522NB. One of ordinary skill in the art would have been motivated to do so because they would have wanted an onion variety that was true-breeding (i.e., homozygous) so that seed sold to onion growers would be true to type; the onion growers would then know what the traits the onion plants grown from the seed would have. Further, producing an onion variety that was true-breeding would allow one of ordinary skill in the art to backcross a desired trait into plants of the new onion variety. Plants of SVNB3693 would be among the onions so produced.
Instant claims 1-2, 4-8, 12-13 and 20 are identical to claims 2, 1, 4-8, 18-19 and 24, respectively, of ‘816, except for the name of the variety.
The plant parts claimed in claim 4 of ‘816 all comprise a cell of the plant.
The methods claimed in claims 14-15 of ‘816 are species of instant claims 9-10, and the methods claimed in claims 16-17 of ‘816 together are species of instant claim 11.
It would be obvious to one of ordinary skill in the art to perform the method of introducing a transgene into SV4522NB claimed in claim 21 of ‘816 by genetic transformation as this is one of the routine ways to introduce a transgene into plant. Further, it would be obvious to one of ordinary skill in the art for the transgene to confer a trait like herbicide, insect, pest, or disease resistance, as this would allow growth of the plant in areas where disease or pests are prevalent and would allow growing practices that kill weeds with herbicides. Thus, claims 21-22 of ‘816 render the method of instant claim 14 and the resulting plants claimed in instant claim 15-17 obvious.
The method of introducing a desired trait into SV4522NB by backcrossing as claimed in claim 18 of ‘816 would be a method of introducing a single locus conversion into the instantly claimed plant, as a trait can be conferred by a single locus or gene. Further, it would be obvious to one of ordinary skill in the art for the single locus conversion to confer a trait like herbicide, insect, pest, or disease resistance, as this would allow growth of the plant in areas where disease or pests are prevalent and would allow growing practices that kill weeds with herbicides. Thus, claims 18-19 of ‘816 render the plants so produced, as claimed in instant claims 18-19, obvious.
It would have been obvious to one of ordinary skill in the art to use marker-assisted selection in these backcrossing methods to speed up the process as selection using markers can more rapidly identify each generation’s progeny homozygous for the genes in the recurrent parent. This method would involve detecting by sequencing or genetic marker analysis polymorphisms in nucleic acids from the parent plant and the progeny and recording the resulting data in notebooks or a computer readable medium. Thus, instant claims 21-24 are obvious.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 4-8, 12-13 and 20 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-2, 4-8, 18-19 and 24 of prior U.S. Patent No. 9,648,816 or, in the alternative, claims 1-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 9,648,816.
The evidence detailed above in the rejection under35 USC §§ 102, 103 showing that SVNB3693 is SV4522NB is incorporated herein.
Instant claims 1-2, 4-8, 12-13 and 20 are identical to claims 2, 1, 4-8, 18-19 and 24, respectively, of ‘816, except for the name of the variety. These claim the same invention as ‘816.
The plant parts claimed in claim 4 of ‘816 all comprise a cell of the plant, thus rendering instant claim 3 obvious.
The methods claimed in claims 14-15 of ‘816 are species of instant claims 9-10, and the methods claimed in claims 16-17 of ‘816 together are species of instant claim 11, thus rendering instant claims 9-11 obvious.
It would be obvious to one of ordinary skill in the art to perform the method of introducing a transgene into SV4522NB claimed in claim 21 of ‘816 by genetic transformation as this is one of the routine ways to introduce a transgene into plant. Further, it would be obvious to one of ordinary skill in the art for the transgene to confer a trait like herbicide, insect, pest, or disease resistance, as this would allow growth of the plant in areas where disease or pests are prevalent and would allow growing practices that kill weeds with herbicides. Thus, claims 21-22 of ‘816 render the method of instant claim 14 and the resulting plants claimed in instant claim 15-17 obvious.
The method of introducing a desired trait into SV4522NB by backcrossing as claimed in claim 18 of ‘816 would be a method of introducing a single locus conversion into the instantly claimed plant, as a trait can be conferred by a single locus or gene. Further, it would be obvious to one of ordinary skill in the art for the single locus conversion to confer a trait like herbicide, insect, pest, or disease resistance, as this would allow growth of the plant in areas where disease or pests are prevalent and would allow growing practices that kill weeds with herbicides. Thus, claims 18-19 of ‘816 render the plants so produced, as claimed in instant claims 18-19, obvious.
It would have been obvious to one of ordinary skill in the art to use marker-assisted selection in these backcrossing methods to speed up the process as selection using markers can more rapidly identify each generation’s progeny homozygous for the genes in the recurrent parent. This method would involve detecting by sequencing or genetic marker analysis polymorphisms in nucleic acids from the parent plant and the progeny and recording the resulting data in notebooks or a computer readable medium. Thus, instant claims 21-24 are obvious.
If the statements and claims in ‘816 are incorrect and SV4522NB is heterozygous, one of ordinary skill in the art would have seen that when seed is produced from SV4522NB, variants appear in the progeny. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to perform several rounds of selfing SV4522NB. One of ordinary skill in the art would have been motivated to do so because they would have wanted an onion variety that was true-breeding (i.e., homozygous) so that seed sold to onion growers would be true to type; the onion growers would then know what the traits the onion plants grown from the seed would have. Further, producing an onion variety that was true-breeding would allow one of ordinary skill in the art to backcross a desired trait into plants of the new onion variety. Plants of SVNB3693 would be among the onions so produced.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES A LOGSDON whose telephone number is (571)270-0282. The examiner can normally be reached M-F 8:30 - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shubo (Joe) Zhou can be reached at (571)272-0724. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES LOGSDON/Primary Examiner, Art Unit 1662