Appeal No. 1997-2389
Application No. 08/987,233
The references relied upon by the examiner are:
Sadowski 4,443,549 Apr. 17, 1984
Fernwood et al. (Fernwood) 4,493,815 Jan. 15, 1985
Mattiasson 4,592,994 Jun. 3, 1986
Jolley 4,652,533 Mar. 24, 1987
Feng et al. (Feng), “Fluorogenic Assays for Immediate Confirmation of Escherichia Coli,”
Applied and Environmental Microbiology, Vol. 43, No. 6, pp. 1320-1329 (1982).
Singer et al. (Singer), “Optimization of in situ Hybridization Using Isotopic and Non-Isotopic
Detection Methods,” BioTechniques, Vol. 4, No. 3, pp. 230-243 (1986).
Grounds of Rejection
Claims 27, 28, 31 - 35, 43, and 47 stand rejected under 35 U.S.C. § 103. As
evidence of obviousness, the examiner relies upon Jolley, Fernwood, and Mattiasson.
Claims 29, 30, 36 - 42, and 44 - 46 stand rejected under 35 U.S.C. § 103. As
evidence of obviousness, the examiner relies upon Jolley, Fernwood, Mattiasson, Feng,
Sadowski, and Singer.
Discussion
In reaching our decision in this appeal, we have given careful consideration to the
appellants' specification and claims and to the respective positions articulated by the
appellants and the examiner. We make reference to the Examiner's Answer (Paper No.
31) for the examiner's reasoning in support of the rejections and to the appellants' Appeal
Brief (Paper No. 30) for the appellants' arguments thereagainst.
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