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 waterPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007