Appeal No. 1997-1770
Application No. 08/235,488
Brenner, K. et al. (Brenner), "New Medium for the Simultaneous
Detection of Total Coliforms and Escherichia Coli in Water,"
59 Applied and Environmental Microbiology, no. 11, 3534-44
(Nov. 1993).
All of the claims on appeal stand rejected under 35
U.S.C.
§ 103 for obviousness. The claims, and the references1
applied against those claims, are grouped as follows:
1. Claims 1-7, 9, 11-14, 17 and 19 (Edberg).
2. Claim 10 (Edberg in view of Bainbridge, Brenner or
Roth).
3. Claims 15-16 (Edberg in view of either Chang
reference).
4. Claims 8, 18 and 20 (Edberg in view of the Difco
Manual or the Handbook of Microbiological Media).
Based upon the record before us, we agree with appellants
that the examiner has failed to establish a prima facie case
of obviousness. Accordingly, we shall not sustain any of the
rejections at issue essentially for the reasons presented in
1The examiner has indicated in an Advisory Action (Paper
No. 10) that all previously applied rejections under 35 U.S.C.
§ 112 have been overcome by amendment of claims. Accordingly,
there are no 35 U.S.C. § 112 rejections before us on appeal.
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