Ex Parte BLUME - 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                                for publication and is not binding precedent of the Board.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. 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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