Ex parte DEVEREAUX - 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                                                       and is not binding precedent of the Board.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. 24                    

                                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                                       

                                              BEFORE THE BOARD OF PATENT APPEALS                                                                        
                                                             AND INTERFERENCES                                                                          

                                                     Ex parte SHARON M. DEVEREAUX                                                                       

                                                              Appeal No. 1997-4132                                                                      
                                                           Application No. 08/263,5001                                                                  

                                                                      ON BRIEF                                                                          

                 Before ROBINSON, SPIEGEL, and MILLS, Administrative Patent Judges.                                                                     
                 SPIEGEL, Administrative Patent Judge.                                                                                                  

                                                             DECISION ON APPEAL                                                                         

                          This is a decision on appeal under 35 U.S.C.  134 from the examiner's final                                                  

                 rejection of claims 1, 2, 4 through 10, 12 and 14 through 20, which are all of the claims                                              
                 pending in this application.   Claim 1 is illustrative:                                                                                

                                   1.  An article comprising a unit-of-use reagent composition for a                                                    
                          specific binding assay, said article comprising:                                                                              

                          1Application for patent filed June 21, 1994.  According to appellant, this application is a                                   
                 continuation of application no. 07/776,518 filed October 11, 1991, now abandoned.                                                      
                          2We note that application no. 07/776,518 was filed without an original claim 11 and that original                             
                 claims 12-20 were never renumbered per 37 CFR 1.126.  This clerical error was carried over into the present                            
                 application.  Consequently, the record does not reflect a cancellation of claim 11 because neither an                                  
                 originally numbered or a renumbered claim 11 ever existed.                                                                             

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