Appeal No. 94-3182
Application 07/899,707
efforts to clarify and delineate the claimed subject matter by
amendment appear to have been indeliberate.
Alas, when considered in light of the specification, the
phrases “a plurality of test tubes each adapted to contain a
sterile aqueous broth, an amount of antibiotic to be tested
and MAI to be assayed” and “whereby observation of the growth
of said MAI on each of said slides can be used to determine
the concentration of said antibiotic necessary to resist
growth of said MAI” in Claim 29 are subject to many different
interpretations. We find significant, however, that no single
interpretation appears to be entirely consistent with the
teaching in the specification and satisfactorily reflects the
subject matter which applicant appears to regard as his
invention.
For example, applicant’s specification cites Ollar and
indicates that the subject matter described therein is not his
invention. See the paragraph bridging pages 3 and 4 of the
specification. The specification indicates that applicant’s
test tubes differ from Ollar’s test tubes by the sterile
aqueous broth and optionally the antibiotic and/or MAI they
contain. See
page 4, line 19 to page 5, line 14; and page 11, line 10, to
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Last modified: November 3, 2007