Ex Parte Llorin et al. - Page 2


               Appeal No.  2002-0780                                        Page      2                  
               Application No.  09/128,340                                                                  

                      Claims 1 and 8 are illustrative of the subject matter on appeal and are               
               reproduced below:                                                                            
                      1.  A method for disrupting cells comprising:                                         
                            providing a sonic bath comprising a first liquid;                               
                            placing into said first liquid a vessel comprising cells in a second            
                         liquid at an alkaline pH; and                                                      
                            subjecting said cells to ultrasonic energy from said sonic bath of              
                         sufficient power and duration to cause disruption of said cells in the             
                         absence of beads.                                                                  
                      8. A method for disrupting cells by applying ultrasonic energy to a sample            
                         of cells in a first liquid, wherein the surface tension of said first liquid is    
                         reduced.                                                                           
                      The references relied upon by the examiner are:                                       
               Robbins et al. (Robbins)               3,887,431          Jun.   3, 1975                     
               Robson et al. (Robson)                5,376,527          Dec. 27, 1994                      
               Buck et al. (Buck), “Rapid, Simple Method for Treating Clinical Specimens                    
               Containing Mycobacterium tuberculosis To Remove DNA for Polymerase Chain                     
               Reaction,” J. Clin. Micro., Vol. 30, No. 5, pp. 1331-34 (1992)                               
                      The reference relied upon by appellant is:                                            
               Murphy et al. (Murphy)                5,374,522          Dec. 20, 1994                      
                                         GROUND OF REJECTION                                                
                      Claims 1 and 3-13 stand rejected under 35 U.S.C. § 103 as unpatentable                
               over Buck in view of Robson and Robbins.                                                     
                                               DISCUSSION                                                   
               Buck:                                                                                        
                      According to the examiner (Answer, page 4), Buck teaches “a method for                
               disrupting Mycobacterium tuberculosis cells using ultrasonic energy without                  
               beads” by “providing a sonic bath comprising a first liquid (i.e.[,] dish of water           








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