Ex parte BRENNER et al. - Page 2




          Appeal No. 98-1012                                                           
          Serial No. 08/117,342                                                        




                                  DECISION ON APPEAL                                   
               This is a decision on appeal from the examiner's final                  
          rejection of claims 2-15, 23-27, which are all of the claims                 
          pending in this application. We construe appellants= Amendment               
          Before the Board of Appeals and Interferences of March 25,                   
          1999, as withdrawing claims 24 and 27 from the appeal.                       
          Therefore, the appeal with respect to these claims is                        
          dismissed. We reverse as to the rejections of claims 2-15, 23,               
          and 25-26.                                                                   


                                 Representative Claim                                  
               Claim 23 is representative of the subject matter on                     
          appeal and reads as follows:                                                 
          A growth medium for detection of total coliforms and E. coli                 
          comprising a broth containing:                                               
          a growth-encouraging effective amount of ingredients as means                
              of supporting growth and repair of injured coliforms,                    
          buffers to maintain a Ph (sic) of 6.5 to 8,                                  

          at least one agent that suppresses growth of gram positive                   



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