Appeal No. 1997-1726
Application No. 08/401,077
Abdou 4,247,634 Jan. 27,
1981
The appealed claim stands rejected under 35 U.S.C. § 103
as unpatentable over the combined teachings in Fisk, Lameris,
Poole, and Abdou. We cannot sustain the stated rejection.
The subject matter on appeal is directed to a method for
testing and analyzing a biological test fluid (e.g., milk
which contains different medicament residues ) comprising, 1
inter alia, the step of introducing different test reaction
mixtures made up of agar-agar nutrient medium, test
microorganisms and a microbial growth indicator (i.e., a color
indicator) into at least two chambers of a microtitration
unit. According to the specification at page 4, lines 8-10,
the different test reaction mixtures are suitable for
indicating different medicament residues in biological fluids
to be tested. Moreover, appellant’s counsel confirmed at oral
1The specification contains no working examples, nor does
it identify any specific medicament residues to be tested and
analyzed. Based on appellant’s mention that milk is a
biological fluid for testing, we presume that medicament
residues of antibiotics such as different types of penicillin
residues used and typically found in milk are contemplated.
See Lameris at column 1, lines 7-10.
3
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