Appeal No. 2006-0381 Page 2
Application No. 09/729,133
activated by blue light to emit green light and thus may be used in the absence of
luciferase and in conjunction with an external light source with novelty items.” Page 59.
“Soap bubbles are blown from water solutions or other aqueous composition
containing soap or another surfactant. . . . Such compositions, preferably those that
have near neutral pH, can be combined with the components of the bioluminescence
generating systems.” Page 113. “[A] fluorescent protein, such as GFP, BFP [blue
fluorescent protein] or a phycobiliprotein, may be added to the bubble-making
composition and then illuminated using an external light source. For example, bubbles
containing a fluorescent protein may be produced in a room illuminated with light of an
appropriate wavelength to cause the fluorescent protein to fluoresce.” Page 114.
Discussion
1. Claim construction
Claims 1-3, 5, and 8-14 are on appeal. Claims 4, 6, 7, 9, 11, and 15-21 are also
pending: claims 9 and 11 have been objected to but not rejected, and claims 4, 6, 7,
and 15-21 have been withdrawn from consideration by the examiner. In addition, for the
generic claims, the examiner required Appellant to elect a single article of manufacture
for examination on the merits; Appellant elected the species of bubbles, bubble-making
toys, and bubble bath. See the response filed December 11, 2002.
The claims on appeal stand or fall together. See the Appeal Brief, page 3. We
will focus on claim 5, which is representative. Claims 1 and 5 read as follows:
1. A combination, comprising:
an article of manufacture; and a bioluminescent fluorescent protein,
whereby the combination is a novelty item.
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