Appeal No. 1997-3898
Application No. 08/116,382
BACKGROUND
Contacting a mixture of various chemical compounds with luminescent bacteria to
test for toxicity as determined by a change in the luminescence of the bacteria is known
(specification, p. 1, ll. 1-12). However, no information was provided as to which individual
component(s) of the mixture was responsible for the toxicity (specification,
p. 1, ll. 12-14). The claimed invention is drawn to a method wherein the mixture is first
separated into its components by chromatography, the separated components are
contacted with the luminescent bacteria and the toxicity of individual components is
determined by measuring luminescence (specification, p. 1, ll. 23-29) (claim 8). Claims 9
through 12 relate to thin layer chromatographic separation of the test mixture. Claims 13
through 17 relate to liquid chromatographic separation of the test mixture.
OPINION
To establish a prima facie case of obviousness, there must be both some
suggestion or motivation to modify the reference or combine reference teachings and a
reasonable expectation of success. Furthermore, the prior art must teach or suggest all
the claim limitations. In re Vaeck, 947 F.2d 488, 493, 20 USPQ2d 1438, 1442 (Fed. Cir.
1991).
Jordon detects toxins in a gas or aerosol by contacting a test sample with, e.g., by
flowing an air sample over, a solid culture of luminescent microorganisms which undergo
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