El Capitan

El Capitan

Cherry tree named ‘El Capitan’

UNDER PATENT

Still under patent. Protection ends August 12, 2034.

Twenty years from the filing date would end on December 16, 2033. This patent earned 239 days of term adjustment for delay at the Patent Office, which is why it runs longer.

Figure 1 of US plant patent PP26315, the photograph of El Capitan printed in the patent.

Figure 1 from US Plant Patent PP26315, reproduced as printed. Photographs in a plant patent are taken by the applicant. Reproduction of the patent document is permitted; the image is shown whole and uncropped for that reason.

Abstract

The present invention relates to a cherry tree, Prunus avium , and more particularly to a new and distinct variety broadly characterized by a medium size, moderately vigorous, hardy, self unfruitful, productive and regular bearing tree. The fruit matures under the ecological conditions described in mid May, with first picking on May 17, 2013. The fruit is uniformly medium to large in size, very sweet in flavor, somewhat oblate in shape, clingstone in type, very firm in texture, red to pink in flesh color, and very dark red in skin color, and it has a short but strongly attached stem.

Show the legal claimThe single numbered claim as granted — the legal text that defines what this patent covers.

We claim: 1. A new and distinct variety of cherry tree, substantially as illustrated and described, that is most similar to its seed parent, ‘Glenrock’ (U.S. Plant Pat. No. 15,512) cherry, by being self unfruitful, by having reniform glands, and by producing fruit that is dark red in skin color, firm, sweet, and fairly crack resistant, but is distinguished therefrom by blooming about seven days later, and by producing cherries that are slightly larger, that ripen about six days later, and that have a shorter stem.

Read the full patent: US Plant Patent PP26315 in full — the complete specification, every figure, and the file history.

The record

Abstract