Appeal No. 2002-0780 Page 8
Application No. 09/128,340
As discussed above, Robson exemplifies several sonication methods that
were unable, or required additional purification steps to produce a beneficial
result. In contrast to the sonication methods exemplified, Robson exemplifies a
single step heat lysis of Mycobacteria tuberculosis that “is particularly
advantageous since only one step is involved, it is expedient compared to prior
processes, and little instrumentation is necessary.” Robson, column 1, lines 59-
62. Therefore, it appears that Robson, directs a person of ordinary skill in the art
away from sonication methods and toward a method of heat lysis of
Mycobacteria tuberculosis.
Upon return of the application, the examiner should take a step back and
reevaluate whether the Robson reference in its entirety. If the examiner finds
that the rejection should be maintained, the examiner should issue an
appropriate Office action setting forth such a rejection, using the proper legal
standards and clearly explaining the facts relied upon in support of such a
rejection.
3. Surface tension and Buffers.
Appellants’ claim 5 further modifies claim 1 by requiring that “the surface
tension of said second liquid is reduced.” According to the examiner (Answer,
pages 5-6):
[T]he art clearly recognizes the means by which surface tension of
liquids may be reduced. Surface tension is reduced by the addition
of surfactants. The judicious selection of a surfactant can change
the pH conditions of any liquid. This is well known to those of
ordinary skill in the art.
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