Appeal No. 98-1012
Serial No. 08/117,342
Kradolfer as a reference in the ' 103 rejections and raising a new
rejection under the enablement requirement of 35 U.S.C. ' 112:
ASince Applicants have shown that this particular
antibiotic will destroy by lysis the very bacteria which
the instant medium is used to detect, the specification
is deemed non-enabling. Applicants have not shown how the
antibiotic cefsulodin, which lyses coliform bacteria, may
be used in a medium for detection of coliform bacteria@
(second supplemental examiner=s answer, paper no. 48.5,
p. 2).
Thereafter a debate ensued, with appellants arguing that
the data and methodology described in the specification are
satisfactory to teach one how to make and use the claimed
medium, and the examiner arguing, for example, that there are
no claim limitations or discussion in the specification
regarding the use of Cefsulodin at a particular concentration
such that it will perform as appellants describe; namely,
suppressing non-coliform but not coliform bacteria (third
reply brief, paper no. 49, p. 2; examiner=s answer, paper no.
50, p. 2; fourth reply brief, paper no. 51, p. 2; supplemental
8
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