Appeal No. 98-1012
Serial No. 08/117,342
coliform bacteriaY@ (final rejection, paper no. 32)
Later, Examiner indicated that Kradolfer
Aclearly teaches that the antibiotic Cefsulodin is
effective in killing only [examiner=s emphasis] Gram-
negative cocci (non-coliform Gram-negative bacteria) and
Gram-positive bacteria, including cocci.@ (supplemental
examiner=s answer, paper no. 47, p.1)
Appellants, however, disagreed (second reply brief, paper no.
2 3
48, p. 1 ). They submitted an article disclosing Cefsulodin as suppressing Gram-negative cocci
but also the very E. coli the claimed medium sought to grow . The examiner responded by dropping4
2 AThe Examiner has not previously indicated that she believed
that Kradolfer taught Gram-negative cocci only and no other
forms of Gram-negative organisms were affected by cefsulodin.
The belief is incorrect. Kradolfer teaches, at column 1, line
22 that cefsulodin is effective against Pseudomonas strains,
which are Gram-negative rods, not cocci.@
3 Gertrude H. Jacoby and Kevin D. Young, Cell Cycle-Independent
Lysis of Escherichia coli by Cefsulodin, an Inhibitor of
Penicillin-Binding Proteins 1a and 1b, Journal of
Bacteriology, Jan. 1991, p. 1-5.
4AYthe Examiner=s assumptions are clearly refuted by the
actual teachings in the art, which teaches one of ordinary
skill in the art that cefsulodin lyses actively growing E.
coli.@ (second reply brief, paper no. 48, p. 3).
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