The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte JAMES N. HERRON,
DOUGLAS A. CHRISTENSEN
and JACOB DURTSCHI
__________
Appeal No. 2006-1563
Application No. 09/839,778
__________
ON BRIEF
__________
Before SCHEINER, MILLS, and LEBOVITZ, Administrative Patent Judges.
MILLS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final
rejection of claims 1-21.
Claims 1, 2, 7, 8 and 10 read as follows:
1. A method for performing an assay, comprising:
substantially simultaneously evaluating the presence of a plurality of analytes in a
sample, at least one analyte of the plurality of analytes having known parameters
indicative of an acute metabolic or disease state;
substantially simultaneously determining concentrations of each of the plurality of
analytes in the sample;
continuing the substantially simultaneous determination until the at least one
analyte has been reliably determined to be present in an amount indicative of the
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