Appeal No. 94-2788
Application 07/912,408
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1 through
28. Subsequently, claim 26 was canceled leaving claims 1 through 25, 27, and 28 for our
consideration. These are all of the claims pending in the application.
Claims 1, 7, and 13, the independent claims pending in this application are
illustrative of the subject matter on appeal and read as follows:
1. A method for rapidly obtaining a culture for detecting esculin hydrolyzing
procaryotes via nucleic acid hybridization techniques wherein the step of plating the culture
is eliminated, the improvement comprising pelleting an enrichment culture of the sample
and performing a nucleic acid hybridization confirmation test on the sample.
7. A rapid method of obtaining a [sic] esculin hydrolyzing procaryotic culture
suitable for performing a nucleic acid hybridization confirmation test, comprising:
a) inoculating an enrichment broth with a sample and growing a culture in said
enrichment; and
b) pelleting said culture.
13. A method of rapidly detecting esculin hydrolyzing procaryotes, comprising:
a) inoculating an enrichment broth with a sample and growing a culture in said
broth;
b) pelleting said culture; and
c) using nucleic acid hybridization techniques to identify said culture.
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Last modified: November 3, 2007