Appeal No. 98-1012
Serial No. 08/117,342
it is accomplished in the absence of any nutrients or agents B in contradistinction to
the claimed invention where the presence of the agent or
inhibitor is required. Edberg can be summarized as follows:
Bacteria Bacteria Bacteria Bacteria Yeast
Gram-Positive Gram- Gram- Gram-
Coliform Coliform Non-Coliform
Other E. Coli
EDBERG suppress grow grow - suppres
The examiner appears to agree that Edberg does not
disclose agents for suppressing non-coliform bacteria.
Nevertheless, according to the examiner,
AY Edberg clearly states >to select E. coli from other
gram negative bacteria, the following ingredients are
usedY=. Although antibiotics per se are not used, the
combination of ingredients clearly has an antibiotic
effect with respect to non-coliform gram negative
bacteria@ (supplemental examiner=s answer, paper no. 53,
p. 2, lines 15-16).
The examiner is referring to column 5, starting at line 34.
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