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and is not binding precedent of the Board.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
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Appeal No. 1997-2389
Application No. 07/987,233
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ON BRIEF
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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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