Ex parte HENDERSON et al. - Page 4




            Appeal No.  1997-2388                                                                             
            Application No.  08/326,304                                                                       

                   absorbent material positioned adjacent said membrane, and a substrate for                  
                   said enzyme, said enzyme being selected from the group consisting of a                     
                   cyclase isomerase, peroxidase and hydrolase.                                               
                   The references relied on by the examiner are:                                              
            Bagshawe                               3,888,629                 Jun. 10, 1975                    
            Cole                                   4,342,826                 Aug.   3, 1982                   
            Int. Pat. App. (Ebersole)        WO 84/02193                     Jun.    7, 1984                  

                                                   ISSUES                                                     
                   Claims 1, 4, and 8 stand rejected under 35 U.S.C. § 103 as being unpatentable              
            over Ebersole.  Claim 9 stands rejected under 35 U.S.C. § 103 as being unpatentable               
            over Ebersole as applied to claim 1 in view of Cole.  Claims 21, 23, and 25 stand rejected        
            under 35 U.S.C. § 103 as being unpatentable over Ebersole in view of Bagshawe.  We                
            REVERSE all three rejections.                                                                     
                   In reaching our decision in this appeal, we have given careful consideration to the        
            appellants’ specification and claims and to the respective positions articulated by the           
            appellants and the examiner.  We make reference to the examiner’s answer (Paper No.               
            30, mailed July 23, 1996) for the examiner’s reasoning in support of the rejections and to        
            the appellants’ brief (Paper No. 29, filed April 4, 1996) for the appellants’ arguments           
            thereagainst.                                                                                     





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