109 



8 



1 "(A) in the United States, more than 1 



2 year prior to the date of filing; or 



3 "(B) in any area outside of the United 



4 States — 



5 "(i) more than 4 years prior to the 



6 date of filing; or 



7 "(ii) in the case of a tree or vine, 



8 more than 6 years prior to the date of 



9 filing; 



10 "(2) distinct, in the sense that the variety is 



1 1 clearly distinguishable from any other variety the ex- 



12 istence of which is publicly known or a matter of 



13 common knowledge at the time of the filing of the 



14 application; 



15 "(3) uniform, in the sense that any variations 



16 are describable, predictable, and commercially ac- 



17 ceptable; and 



18 "(4) stable, in the sense that the variety, when 



19 sexually reproduced, will remain unchanged with re- 



20 gard to the essential and distinctive characteristics 



21 of the variety with a reasonable degree of reliability 



22 commensurate with that of varieties of the same 



23 category in which the same breeding method is 



24 employed. 



25 "(b) Multiple Applicants. — 



