The opinion in support of the decision being entered today was not written for publication and is not
binding precedent of the Board.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 ROBERT L. JAFFE
__________
Appeal No. 2002-0444
Application No. 09/086,138
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HEARD: October 8, 2002
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Before WILLIAM F. SMITH, ADAMS and MILLS, Administrative Patent Judges.
WILLIAM F. SMITH, 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 through 15, all of the claims in the application. Claim 1 is
representative of the subject matter on appeal and reads as follows:
1. A method for evaluating a whole effluent sample for the presence of cytotoxic
substances comprising the steps of:
(a) obtaining a sample for testing suspected of containing a plurality of potentially
cytotoxic substances;
(b) combining a first aliquot of the whole effluent sample directly with a first
culture of a particle-feeding flagellate; and
(c) monitoring the growth of the particle-feeding flagellate culture in the presence
of the whole effluent sample, wherein a decrease in growth of the culture in
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