Appeal No. 2002-1361 Page 2
Application No. 09/476,822
(c) acidifying said oral liquid sample in said collection container such
that the pH of said oral liquid sample is below about 5.0 but above
about 2.5,
(d) contacting said oral liquid sample in said collection container with a
urease detecting pad containing urease substrate,
(e) observing said urease detecting pad for a color change or lack of
color change, and
(f) correlating said color change or lack of color change with presence
or absence of Helicobacter Pylori infection in said human,
whereby said detecting of Helicobacter Pylori infection is performed
without incubating of said oral liquid sample.
Claims 8-13 stand rejected under 35 U.S.C. § 112, first paragraph, as
being based on a disclosure that is not enabling. Claims 8-13 also stand
rejected under 35 U.S.C. § 112, second paragraph, as being indefinite for failing
to particularly point out and distinctly claim the subject matter that applicant
regards as the invention. After careful review of the record and consideration of
the issues before us, we reverse all of the rejections of record.
DISCUSSION
Claims 8-13 stand rejected under 35 U.S.C. § 112, first paragraph, as
based on a disclosure that is not enabling.
According to the rejection,
[a] number of features are critical or essential to the practice of the
invention, but not included in the claim[s] is not enabled by the
disclosure. In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA
1976).
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