Ex parte BRENNER et al. - Page 21




          Appeal No. 98-1012                                                          
          Serial No. 08/117,342                                                       




          That passage is directed to the second step of a two-step                   
          process for detecting E. coli in a sample: 1) Gram-negative                 
          bacteria is                                                                 
          segregated from other microbes through the use of yeast-                    
          killing ansiomycin and Gram-positive bacteria-killing                       
          vancomycin, and 2) E. coli is selected from the remaining                   
          Gram-negative bacteria by adjusting the medium to supply a                  
          nutrient-indicator specific to the E. coli. The result of                   
          practicing this example is a medium that encourages the growth              
          of E. coli at the expense of all other                                      







          microbes, including other Gram-negative bacteria: coliforms                 
          and non-coliforms. Since this would defeat the purpose of the               
          claimed medium B to detect both E. coli and coliforms, the                  
          prima facie case is undermined by this disclosure.                          




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