The opinion in support of the decision being entered today was not written for
publication and is not binding precedent of the Board.
Paper No. 27
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte JOACHIM ALBRECHT, FRANK HULSTAERT and ROSETTE BECKER
__________
Appeal No. 2001-1431
Application 07/968,553
__________
ON BRIEF
__________
Before ROBINSON, ADAMS, and GRIMES, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s
final rejection of claims 1-8. Claims 1 and 4 are representative and read as
follows:
1. A method for establishing a decision point in order to determine if
an unknown sample of cells is positive or negative for a marker
comprising the steps of:
a) tagging multiple samples of cells which are known to be positive
or negative for the presence of the marker with a fluorescent
marker that is specific for the marker of interest;
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