Appeal No. 98-1012
Serial No. 08/117,342
extensive.@ Atlas Powder Co., v. E.I. DuPont de Nemours &
Co., 750 F.2d 1569, 1576, 224 USPQ 409, 413 (Fed. Cir.
1984). The Patent and Trademark Office Board of Appeals
summarized the point well when it stated:
The test is not merely quantitative, since a
considerable amount of experimentation is
permissible, if it is merely routine, or if the
specification in question provides a reasonable
amount of guidance with respect to the direction in
which the experimentation should proceed to enable
the determination of how to practice a desired
embodiment of the invention claimed.
Ex parte Jackson, 217 USPQ 804, 807 (1982).
Here the goal is clearly stated B to suppress the growth of
non-coliform bacteria in a medium that also encourages the
growth of coliform bacteria. While it may take considerable
experimentation, it is simply a matter of mixing certain
agents in a buffered vehicle, with the necessary chromogen and
fluorogen detectors, until an E. coli/coliform detecting
medium is obtained that can both encourage coliform growth and
suppress Gram-positive and non-coliform bacteria. This is
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