Ex Parte TOM-MOY et al - Page 1




                           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                                  for publication and is not binding precedent of the Board.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. 20                    
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                      
                                            AND INTERFERENCES                                                         
                                                    __________                                                        
                                Ex parte MAY TOM-MOY, THOMAS P. DOHERTY,                                              
                             RICHARD L. BAER, and DARLENE J. SPIRA-SOLOMON                                            
                                                    __________                                                        
                                               Appeal No. 2001-2521                                                   
                                             Application No. 08/738,464                                               
                                                    __________                                                        
                                                     ON BRIEF                                                         
                                                    __________                                                        
                 Before WINTERS, WILLIAM F. SMITH, 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 1-14, all of the claims in the application.  Claim 1 is                    
                 representative and reads as follows:                                                                 
                        1.     A method for determining the presence or quantity of a preselected                     
                 analyte in a flowing liquid stream which contains or is suspected of containing the                  
                 analyte, which method comprises:                                                                     
                               (a) continuously contacting the flowing liquid stream with an on-line                  
                 system which comprises:                                                                              
                                      (i)  a piezoelectric surface wave sample device comprising a                    
                 receptor layer attached to the surface thereof wherein the receptor layer consists                   






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