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for publication and is not binding precedent of the Board.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. 43
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte WERNER A. BAUMGARTNER
__________
Appeal No. 1999-1337
Application No. 08/393,232
__________
ON BRIEF
__________
Before WILLIAM F. SMITH, ADAMS, and MILLS, Administrative Patent Judges.
ADAMS, 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 35-42 and 47-49, which are all the claims
pending in the application.
Claim 47 is illustrative of the subject matter on appeal and is reproduced
below:
47. A method for the detection of marijuana intake by an individual
which comprises:
(a) chemically treating a sample of hair from the individual in a
manner that releases into solution an analyte characteristic
of marijuana intake if present in the hair sample and an
interfering substance that may interfer with a marijuana
immunoassay;
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