Ex Parte Fischer et al - Page 1

                            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                                   for publication and is not binding precedent of the Board.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 TIMOTHY FISCHER and WALTER SHERMAN                                                                  
                                               Appeal No.  2007-1027                                                                       
                                             Application No.  10/134,575                                                                   
                                                      ON BRIEF                                                                             
                 Before ADAMS, MILLS, and LEBOVITZ, Administrative Patent Judges.                                                          
                 ADAMS, Administrative Patent Judge.                                                                                       

                                               DECISION ON APPEAL                                                                          
                        This is a decision on the appeal under 35 U.S.C.  134 from the                                                    
                 examiner’s final rejection of claims 5-10, which are all the claims pending in the                                        
                        Claim 5 is illustrative of the subject matter on appeal and is reproduced                                          
                        5. A composition of matter comprising a bile salt in combination with a                                            
                            special stain.                                                                                                 
                        The references relied upon by the examiner are:                                                                    
                 New                         5,853,748                   Dec. 29, 1998                                                     
                 Leung et al. (Leung), “Rapid Staining Method for Helicobacter pylori in Gastric                                           
                 Biopsies,” J. Histotechnology, Vol. 19, No. 2, pp. 131-132 (1995)                                                         

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