Appeal No. 98-1012
Serial No. 08/117,342
5
plainly demonstrated by the Rule 132 Declaration (fifth reply brief,
paper no. 54). Appellants have shown that an appropriate concentration for Cefsulodin in the medium
can be determined in about 45 minutes. Through routine experimentation, one can therefore determine
the recipe, among all those encompassed by the claims that would possess the disclosed utility. The
specification provides adequate guidance to the technician of ordinary skill.
Obviousness
Claims 2-4, 6-15, 23, 25-26 are at least rejected over Manafi in view of Edberg. According to
the examiner (second supplemental examiner=s answer, paper no. 48.8, pages 3-
4), Manafi teaches a medium for the simultaneous detection of
coliforms and E. coli (e.g., p. 338, col. 1, lines 22-27). In
particular, Manafi teaches:
5 Rule 132 declarations that supply facts, such as test data,
from an expert in the field are highly probative and are an
appropriate mechanism for rebutting an examiner's prima facie
case of enablement. See In re Payne, 203 USPQ 245, 256 (CCPA
1979).
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