Ex parte BRENNER et al. - Page 23




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




          claimed mechanism for doing so.                                             


               We are not persuaded that Edberg, which teaches a medium               
          with agents that suppress yeast and Gram-positive bacteria and              
          include nutrient-indicators that preferentially metabolize and              
          grow those organisms one seeks to detect, overcomes the                     
          deficiencies of Manafi; namely Manafi=s lack of an agent to                 
          suppress the growth of Gram-negative non-coliform bacteria.                 
          Since this is a required element of the claimed medium, a                   
          prima facie case has not been established.                                  
                                                                                     
               For the reasons stated, the rejection involving Manafi is              
          likewise reversed.                                                          


               We note that claims 4 and 5 appear to be substantial                   
          duplicates of claims 26 and 27. Further disposition of this                 







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