Appeal No. 1997-0160
Application No. 08/073,985
LISTERIA, LISTERIOSIS AND FOOD SAFETY by Elliot T. Ryser (Ryser), pp. 217-39
(Marcel Dekker, Inc., New York) (1991).4
ISSUE5
Claims 2 and 4 through 24 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Mullis in view of Hogan and Frohman. We REVERSE.
In reaching our decision in this appeal we have given careful consideration to the
appellants' specification and claims and to the respective positions articulated by the
appellants and the examiner. We make reference to the examiner's answer (Paper No.
52, mailed June 11, 1996) for the examiner's reasoning in support of the rejection and to
the appellants' brief (Paper No. 50, filed March 22, 1996) for the appellants' arguments
thereagainst.6
4Ryser was submitted as an attachment to appellants' "SUPPLEMENTAL RESPONSE AFTER
FINAL REJECTION" filed September 9, 1994 (Paper No. 30).
5In the advisory action mailed April 26, 1996 (Paper No. 43), the examiner stated that the
amendment filed December 14, 1995 (Paper No. 42) overcame the final rejection of claims 2 and 4-24 under
35 U.S.C. § 112, second paragraph, as indefinite.
6Appellants' reply brief filed August 12, 1996 (Paper No. 55) was denied entry by the examiner in a
communication mailed September 30, 1996 (Paper No. 56). Appellants' subsequent petition to enter the
reply brief filed December 2, 1996 (Paper No. 59) was denied by the Office of the Director, Group 1800 in a
decision on petition mailed October 14, 1997 (Paper No. 61). Therefore, appellants' reply brief was not
considered in rendering our decision.
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