Appeal No. 2002-0426 Page 2
Application No. 09/115,797
Claims 2-27 and 33 are pending. Independent claim 33 is illustrative of the
subject matter on appeal and is reproduced below:
21. A portable kit for in situ detection of toxins in fish tissue comprising a first
container, a solvent in the first container for extracting toxins from fish tissue
and for facilitating toxin binding to the membrane, a second container, a
solution in the second container, a suspension of plural detectors in the
solution for detecting the toxins, at least one support element, a membrane
on a portion of the at least one support element, and a data standard for
comparing data indicated by the membrane and determining ciguatoxin
concentration.
Claims 2-27 depend from claim 33, either directly or through another dependent claim.
The references relied upon by the examiner are:
Hokama (‘392) 4,816,392 Mar. 28, 1989
Park 5,206,141 Apr. 27, 1993
Hokama (‘525) 5,525,525 Jun. 11, 1996
GROUNDS OF REJECTION
Claims 2-6, 8-17, 19, 22-26 and 33 stand rejected under 35 U.S.C. § 102(b) as
anticipated by ‘525.
Claims 2-7, 9, 11-20, 22-26 and 33 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Park.
Claims 2-8, 11, 17-24, 26, 27 and 33 stand rejected under 35 U.S.C. § 103 being
unpatentable over Park in view of ‘392.
We vacate the pending rejections and remand the application to the examiner for
further consideration.
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