Appeal No. 94-2818
Application 07/834,771
the microorganisms could be added
with the water or after the water to form a liquid culture
medium (as taught by Mogna, page 2, line 20-page 3, line 12).
For the foregoing reasons and the reasons expressed by
the examiner in the answer, the claimed subject matter would
have been prima facie obvious based on the disclosure and
teachings of Miller, Mogna, Clarke, Bond and Daggett.
Appellants have not presented sufficient evidence of
nonobviousness to rebut this prima facie case of obviousness.
Accordingly, the rejection of claims 1 through 37 under 35
U.S.C. § 103 as unpatentable over Miller in view of Mogna,
Clarke, Bond and Daggett is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
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Last modified: November 3, 2007