Ex Parte CHEN et al - Page 7




              Appeal No. 2004-1734                                                                                       
              Application No. 08/942,369                                                                                 
              Johnson still further discloses the use of said device to test for pathogens found in                      
              urinary tract infections.  Johnson, col. 3, lines 25-39; col. 7, lines 37-40 and lines 44-46.              
              To that end, Johnson states (col. 3, lines 30-37), inter alia:                                             
                     . . . it is possible to analyze selectively for the following organisms which account               
                     for the vast majority of pathogens found in urinary tract infections: Pseudomonas                   
                     aeruginosa, Proteus spp., Citrobactor freundii, Serratia spp., Escherichia coli,                    
                     Klebsiella/Enterobacter, Yeasts, Enterococcus Group D, Staphylococcus aureus                        
              .                                                                                                          
              Johnson still further discloses that                                                                       
                     It is desirable to have at least one of the growth wells contain only culture                       
                     medium by itself.  Culture medium in the remaining wells can have antibiotics                       
                     blended with it.  The antibiotics can vary from well to well and two different wells                
                     can have the same antibiotics, but at different strengths [col. 7, lines 10-15].                    
                                                          %%%                                                            
                     In accordance with the invention, pathogens can be detected, identified, grouped                    
                     and enumerated rapidly using specimens directly for inoculation of selective                        
                     media.  The selective media can be freeze-dried and especially formulated for                       
                     specific organisms commonly encountered in clinical urine specimens.  In                            
                     addition, positive controls are possible and all the growth wells are reconstituted                 
                     simultaneously in aliquot amounts.  Growth in individual growth wells permits a                     
                     positive test for indication of organisms [col. 7, lines 34-43].                                    
                     Libman discloses a device for collecting body fluids which is said to be especially                 
              convenient for taking mid-stream urine samples.  Libman, the abtract, col. 1, line 66-                     
              col. 2, line 3.  Libman still further discloses the use of “two or more different media,                   
              selective and non-selective, adjacent to one another, thereby achieving the important                      
              feature of presumptive identification of pathogens in a single culturing.”  Id., col. 3, lines             
              64-67.  According to Libman:                                                                               
                     The preferred agars we use are CLED agar and MacConkey Agar or EMB Agar.                            
                     CLED agar (Cystine Lactose Electrolye Deficient Agar) is ideal in enumerating                       
                     and presumptively identifying urinary flora.  It supports growth of urinary                         
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