Ex Parte Fischer 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                                   for publication and is not binding precedent of the Board.                                              

                         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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