The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte TIMOTHY FISCHER and WALTER SHERMAN
__________
Appeal No. 2007-1027
Application No. 10/134,575
__________
ON BRIEF
__________
Before ADAMS, MILLS, and LEBOVITZ, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 5-10, which are all the claims pending in the
application.
Claim 5 is illustrative of the subject matter on appeal and is reproduced
below:
5. A composition of matter comprising a bile salt in combination with a
special stain.
The references relied upon by the examiner are:
New 5,853,748 Dec. 29, 1998
Leung et al. (Leung), “Rapid Staining Method for Helicobacter pylori in Gastric
Biopsies,” J. Histotechnology, Vol. 19, No. 2, pp. 131-132 (1995)
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Last modified: September 9, 2013