I read in the document they used the Chocolate Mocha variety in their crosses. That tree is patented. It's like the people who own that one are being robbed of being able to come out with new colors. It's like these people took their tree and crossed it with a red tree to get one just like it that is red. There is more to this story that isn't being told. Someone even said the leaves on Black Diamond are cupped like that one. There has to be a good reason why the patent wasn't issued.
If 'Chocolate Mocha' is patented, why isn't this one?
http://www.google.com/patents/...