Ex parte KAISER - Page 2




          Appeal No. 94-2901                                                           
          Application No. 07/837,666                                                   


          in the application, also stand finally rejected.  However,                   
          with respect to the latter claims, no appeal was taken.                      
                                REPRESENTATIVE CLAIMS                                  
               Claims 19 and 20, which are illustrative of the subject                 
          matter on appeal, read as follows:                                           
               19.  A culture medium for use in a unitary sterilization                
          monitoring device, comprising a sterile admixture of water,                  
          protein digests, soluble starch, a phosphate buffer, a salt,                 
          and glycerol in an amount sufficient to support visually                     
          detectable microbial growth, said culture medium being pH and                
          color stable to repeated subsequent heat sterilizations.                     
               20.  A twice sterilized culture medium comprising an                    
          admixture of water with protein digests, minerals, a pH                      
          indicator, and glycerol, wherein said first sterilization is                 
          by heat or filtration and said second sterilization is by                    
          heat, said culture medium being pH and color stable following                
          said first sterilization.                                                    
                                    THE REFERENCES                                     
               The references relied on by the examiner are:                           
          Orelski                     4,291,122                Sep. 22, 1981           
          Brockmann                   2,950,202                Aug. 23, 1960           
          Robert Jenness et al. (Jenness), Principles of Dairy Chemistry               
          346-49 (John Wiley & Sons, Inc. 1959)                                        
          A. Atkinson et al. (Atkinson), "Behaviour of Bacillus                        
          stearothermophilus Grown in Different Media," 38 Journal of                  
          Applied Bacteriology no. 3, 301-04 (1975)                                    
                                      THE ISSUES                                       



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