Ex parte BRENNER et al. - Page 5




          Appeal No. 98-1012                                                           
          Serial No. 08/117,342                                                        




          being suppressed, are encouraged to grow. The salient features               
          of the claimed medium is summarized in the following table:                  


                             Bacteria Bacteria  Bacteria   Bacteria     -              
                              Gram-    Gram-     Gram-       Gram-                     
                                      Coliform  Coliform  Non-Coliform                 
                                       Other    E. Coli                                
            CLAIMS recite    suppress  grow      grow      suppress     -              



                    In deciding this appeal to determine the                           
          patentability of the claimed invention, we have carefully                    
          reviewed the record, including the following actions:                        


          final rejection (paper no. 32, mailed November 17, 1995);                    
          response to final rejection (paper no. 37, filed April 19,                   
            1996);                                                                     
          advisory action (paper no. 40, mailed April 26, 1996);                       
          brief (paper no. 41, filed June 2, 1996);                                    
          examiner=s answer (paper no. 43, mailed July 9, 1996);                       
          reply brief (paper no. 46, filed July 19, 1996);                             
          supplemental examiner=s answer (paper no. 47, mailed October                 
            1, 1996);                                                                  
          second reply brief (paper no. 48, filed October 31, 1996);                   
          second supplemental examiner=s answer (paper no. 48.5, mailed                
            January 22, 1997);                                                         
          third reply brief (paper no. 49, filed March 26, 1997);                      



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