107 



6 



1 ing of an application for the protection or for the en- 



2 tering of a variety in an official register of varieties, 



3 in any country, shall be considered to render the va- 



4 riety a matter of common knowledge from the date 



5 of the application, if the application leads to the 



6 granting of protection or to the entering of the vari- 



7 ety in the official register of varieties, as the case 



8 may be. 



9 "(5) Distinctness. — The distinctness of one 



10 variety from another may be based on one or more 



11 identifiable morphological, physiological, or other 



12 characteristics (including any characteristics evi- 



1 3 denced by processing or product characteristics, such 



14 as milling and baking characteristics in the case of 



15 wheat) with respect to which a difference in geneal- 



16 ogy may contribute evidence. 



17 "(6) Publicly known varieties. — 



18 "(A) In general. — A variety that is ade- 



19 quately described by a publication reasonably 



20 considered to be a part of the public technical 



21 knowledge in the United States shall be consid- 



22 ered to be publicly known and a matter of com- 



23 mon knowledge. 



24 "(B) Description. — A description that 



25 meets the requirements of subparagraph (A) 



