Ex parte MINNICH et al. - Page 1




             The opinion in support of the decision being entered today was not written for publication          
                                   and is not binding precedent of the Board.                                    
                                                                               Paper No. 33                      

                            UNITED STATES PATENT AND TRADEMARK OFFICE                                            
                                                 ____________                                                    
                                 BEFORE THE BOARD OF PATENT APPEALS                                              
                                            AND INTERFERENCES                                                    
                                                 ____________                                                    
                 Ex parte SCOTT A MINNICH, STEVEN A. LOBEL, GERALD SCHOCHETMAN,                                  
                                    PETER FENG, and RICHARD MASSEY                                               
                                                 ____________                                                    
                                             Appeal No. 1997-2389                                                
                                           Application No. 07/987,233                                            
                                                 ____________                                                    
                                                   ON BRIEF                                                      
                                                 ____________                                                    
             Before WINTERS, WILLIAM F. SMITH, and ROBINSON, Administrative Patent Judges.                       
             ROBINSON, Administrative Patent Judge.                                                              

                                            DECISION ON APPEAL                                                   

                   This is a decision on the appeal under 35 U.S.C.  134 from the examiner's final              
             rejection of claims 27 - 47, which are all of the claims pending in the application.                
                   Claims 27, 29, and 43 are illustrative of the subject matter on appeal and read as            
             follows:                                                                                            
                   27.    A method for analyzing a liquid sample to quantitatively determine the                 
             presence of a specific microbe which comprises:                                                     
                   distributing a defined volume of a liquid sample as a number of equal volume                  
             aliquots into a number of receptacles each associated with membrane material so that the            







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