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for publication and is not binding precedent of the Board.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. 16
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte ROBERT CECIL BROOKS
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Appeal No. 2002-1359
Application No. 09/323,990
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ON BRIEF
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Before MILLS, GRIMES, and GREEN Administrative Patent Judges.
MILLS, 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, 4-7 and 11-131, which are the claims on appeal in this application.
Claim 1 is illustrative of the claims on appeal and reads as follows:
1. A method for processing cells wherein an aqueous suspension of cells is
intimately mixed with a lysis reagent by passage through a mixer, the mixer being a
fluidic vortex mixer comprising a substantially cylindrical chamber with an axial outlet at
the centre of an end wall of the chamber, and with at least two inlets at or near the
periphery of the chamber, at least one inlet being substantially tangential so as to cause
spiralling flow in the chamber, the chamber containing no baffles, and the dimensions of
1 The examiner has withdrawn a rejection of claims 2-3 and 8-10 in view of Wan
and Bowe. These claims remain objected to, however, as dependent upon a rejected
base claim.
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