Ex Parte CERI 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                                    for publication and is not binding precedent of the Board.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. 25                     
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                      __________                                                           
                               BEFORE THE BOARD OF PATENT APPEALS                                                          
                                              AND INTERFERENCES                                                            
                                                      __________                                                           
                                    Ex parte HOWARD CERI, MERLE E. OLSON,                                                  
                                     DONALD R. READ, and ANDRE G. BURET                                                    
                                                      __________                                                           
                                                 Appeal No. 2001-1173                                                      
                                              Application No. 08/614,593                                                   
                                                      __________                                                           
                                                       ON BRIEF                                                            
                                                      __________                                                           
                  Before WILLIAM F. SMITH, ADAMS, 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, and 20-32, which are all the claims                           
                  pending in the application.                                                                              
                         Claim 20 is illustrative of the subject matter on appeal and is reproduced                        
                  below:                                                                                                   
                         20.           A method of growing and analyzing a biofilm, the method                             
                                comprising the steps of:                                                                   
                                       incubating biofilm forming organisms on plural biofilm                              
                                adherent sites arranged in plural rows, with plural biofilm adherent                       
                                sites in each row, while providing a flow of a liquid growth medium                        
                                across the plural biofilm adherent sites, in which the plural biofilm                      
                                adherent sites share the liquid growth medium, to therby create a                          
                                uniform biofilm at each of the plural biofilm adherent sites; and                          





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