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for publication and is not binding precedent of the Board.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. 13
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte RICHARD S. BLUME
__________
Appeal No. 2002-1361
Application No. 09/476,822
__________
ON BRIEF
__________
Before SCHEINER, GRIMES, and GREEN, Administrative Patent Judges.
GREEN, 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 8-13. Claim 8 is representative of the subject matter on
appeal, and reads as follows:
8. A method for detecting Helicobacter pylori infection in a human,
comprising:
(a) gargling with a designated volume of sampling liquid, without
expectorating, to provide an oral liquid sample,
(b) tilting the head forward and opening the mouth, such that said oral
liquid sample enters a collection container,
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