Ex Parte KIY et al - 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                                    for publication and is not binding precedent of the Board.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. 31                     
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                      __________                                                          
                               BEFORE THE BOARD OF PATENT APPEALS                                                         
                                              AND INTERFERENCES                                                           
                                                      __________                                                          
                                              Ex parte THOMAS KIY, and                                                    
                                                RUDIGER MARQUART                                                          
                                                      __________                                                          
                                                Appeal No. 2001-0380                                                      
                                              Application No.  08/676,971                                                 
                                                      __________                                                          
                                                       ON BRIEF                                                           
                                                      __________                                                          
                 Before ADAMS, MILLS and GREEN, 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 1-14, which are all the claims pending in the application.                           
                         Claim 1 is illustrative of the subject matter on appeal and is reproduced                        
                 below:                                                                                                   
                         1. A method for culturing ciliates, comprising the steps of:                                     
                            placing ciliates and medium therefor in a culture flask;                                      
                            providing said culture flask with a stirrer having a magnetic core,                           
                            wherein said stirrer is suspended in the top part of the culture flask                        
                            such that the stirrer does not touch the flask bottom, and wherein the                        
                            motion of said stirrer is driven by means of a magnetic field; and                            
                            stirring said ciliates in said culture medium.                                                


                         The references relied upon by the examiner are:                                                  






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