Appeal No. 1997-3898
Application No. 08/116,382
strain of luminescent microorganism within the chromatographic system
itself, and determining a reduction in the luminescence of said
microorganisms, said reduction in the luminescence of said microorganisms
indicating that said separated component is toxic.
The references relied on by the examiner are:
Jordon et al. (Jordon) 3,370,175 Feb. 20, 1968
Bostick et al. (Bostick) 4,357,420 Nov. 2, 1982
Drucker et al. (Drucker) WO 85/00890 Feb. 28, 1985
(published international application)
Bjorseth et al. (Bjorseth), "Detection of Mutagens in Complex Samples by the Salmonella
Assay Applied Directly on Thin-Layer Chromatography Plates," Science, Vol. 215, No.
4528, pp. 87-89 (1982)
ISSUE
Claims 8 through 17 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Jordon or Drucker in view of Bjorseth and Bostick. We REVERSE.
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.
21, mailed May 8, 1997) for the examiner's reasoning in support of the rejection and to the
appellants' Brief (Paper No. 18, filed February 10, 1997), request for reconsideration and
declaratory evidence (Paper Nos. 19 and 20, filed May 6, 1997) and Reply Brief (Paper
No. 23, filed August 12, 1997) for the appellants' arguments thereagainst.
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