5.4.2.1
Examples 

The following subject-matter relates to essentially biological processes and products thereof excluded from patentability:

– 
Method for the production of plants having trait X comprising crossing plants A and B and selecting progeny having marker X. 
– 
Use of a (transgenic) plant for generating further plants by crossing and selection. 
– 
Use of a (transgenic) animal for breeding. 
– 
Introgression of a (transgenic) gene X into a plant, i.e. introducing it into the genome by crossing and selection. 
– 
Methods for plant breeding by crossing of whole genomes and selection of plants comprising the step of embryo rescue. 
– 
A plant produced by introgression of gene A, i.e. by introducing it into the genome by crossing and selection. 
– 
A plant produced exclusively by crossing and selection, wherein molecular markers are used to assist the selection process. 
– 
A plant part obtained exclusively by means of an essentially biological process which is propagation material, e.g. a seed or plant embryo. 
– 
A cultivated pepper plant expressing a mutated AHAS enzyme 

Typical formulations of subject-matter not excluded from patentability under Art. 53(b):

– 
Method of producing a (transgenic) plant having trait X by introducing a vector comprising the sequence of SEQ ID NO: 1. 
– 
Method for selecting animals having phenotype Y by screening for the presence of a marker having the sequence shown in SEQ ID NO: 1. 
– 
Use of the nucleic acid of SEQ ID NO: 1 to select a plant having trait X. 
– 
A cultivated pepper plant expressing a mutated AHAS enzyme with the proviso that the plant is not exclusively obtained by means of an essentially biological process. 
– 
A mutant of a plant carrying a heritable exchange in a nucleotide sequence effected by technical means, e.g. UV mutagenesis or CRISPR/Cas. 
– 
A transgenic plant carrying transgene X. 
– 
Progeny of a mutant or a transgenic plant which carries the mutation/the transgene. 
– 
A seed of a wild-type plant covered with a chemical which inhibits fungal growth. 
– 
Flour or oil produced from plant X (even if it is apparent from the description that said plant was exclusively obtained by means of an essentially biological method). 

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