Ex parte BRENNER et al. - Page 18




          Appeal No. 98-1012                                                          
          Serial No. 08/117,342                                                       




          (e.g., E. coli and total coliform bacteria) that one is                     
          seeking to detect. For this reason, the examiner concludes Ait              
          would have been obvious to one with ordinary skill in the art               
          at the time Applicant=s invention was made to include the                   
          antibiotics and agents to suppress non-coliform gram negative               
          bacteria of Edberg in Manafi=s culture medium@ (second                      
          supplemental examiner=s answer, paper no. 48.8, sentence                    
          bridging pages 3-4).                                                        


               While we agree that Edberg teaches a medium for                        
          simultaneous detection of E. coli and total coliforms (e.g.,                
          col. 9, lines 16-21 and claim 16), we are not persuaded that                
          Edberg suggests including an agent to suppress the growth of                
          non-coliform bacteria.                                                      


               The claims clearly require Aat least one agent to                      
                                                                 3                    
          suppress growth of non-coliform gram negative bacteria@  and the            
          supporting specification defines this agent as an Ainhibitor@ (page 8, line 11; e.g., antibiotic Cefsulodin




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