Ex parte MULLER - Page 2




          Appeal No. 1997-1726                                                        
          Application No. 08/401,077                                                  




               Appealed claim 4 is reproduced below:                                  
               4.   A method for testing and analyzing a biological test              
          fluid comprising                                                            
               - introducing into at least two chambers of a                          
          microtitration unit, different test reaction mixtures,                      
          comprising agar-agar nutrient medium, test microorganisms and               
          a microbial growth indicator, said microtitration unit having               
          at least one container of transparent material, the container               
          including an opening for the introduction of test reaction                  
          mixtures and biological test fluid and at least one partition               
          subdividing the container into said at least two chambers for               
          accommodating said biological test reaction mixtures, the at                
          least one partition extending from the inside of the container              
          bottom and being of lower height than the internal height of                
          the container and above the filling levels of the different                 
          test reaction mixtures,                                                     
               - adding a sufficient amount of biological test fluid to               
          be tested or analyzed whereby the biological test fluid flows               
          over the top edge of at least one partition whereby the                     
          biological test fluid floods over the at least two chambers                 
          and the biological test fluid makes contact with the different              
          test reaction mixtures, and                                                 
               - detecting the results of the interactions of the                     
          biological test fluid with different test reaction mixtures.                
               As evidence of obviousness, the examiner relies upon the               
          following prior art references:                                             
          Fisk                               2,874,091           Feb.                 
               17, 1959                                                               
          Poole                         3,126,325           Mar       24,             
          1964                                                                        
          Lameris et al. (Lameris)      3,941,658                Mar                  
               2, 1976                                                                
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