Appeal No. 98-1012
Serial No. 08/117,342
To the extent that the examiner is relying on the
disclosure as a suggestion to include a non-coliform
suppressing agent, we come to the opposite conclusion. Edberg
(column 3, lines 45-48) teaches restricting the nutrients such
that Athe media is so specific that the invention does not
have to be sterilized before use.@ This would suggest
adjusting the nutrients alone without a suppressing agent; the
addition of such an agent would be superfluous. In this regard
Edberg teaches away from employing the claimed suppressing
agent.
With respect to any potential Aantibiotic effect@ on non-
coliforms from Edberg=s lack of nutrients, this is immaterial
because it is neither a teaching nor a suggestion of the
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