Appeal No. 1996-2598
Application No. 08/220,212
pending in this application, are not on appeal (brief, page 1). Claims 5 and 22 are representative of the
subject matter on appeal and read as follows:
5. A selective and differential medium for Listeria monocytogenes, devoid of
esculin, [sic] and phenylethanol comprising:
i) an agar base layer comprising lithium chloride, antibiotics and/or acceptable
salts thereof in amounts effective to selectively inhibit microbes other than Listeria, and
ii) an agar overlay comprising blood in amounts effective to produce ß-
hemolytic zones characteristic of L. monocytogenes colonies.1
22. A selective and differential medium for Listeria monocytogenes,
consisting essentially of
i) an agar layer comprising lithium chloride, antibiotics and/or acceptable salts
thereof in amounts effective to selectively inhibit microbes other than Listeria, and
ii) an agar overlay comprising blood in amounts effective to produce ß-
hemolytic zones characteristic of L. monocytogenes colonies.
The references relied on by the examiner are:
Blanco et al. (Blanco), “A technique for the direct identification of haemolytic-pathogenic
listeria on selective plating media,” 9 Letters in Applied Microbiology 125-128 (1989).
Cassiday et al. (Cassiday), “Evaluation of ten selective direct plating media for enumeration of
Listeria monocytogenes in hams and oysters,” 6 Food Microbiology 113-125 (1989).
Cox et al. (Cox), “Enhanced haemolysis agar (EHA) - an improved selective and differential
medium for isolation of Listeria monocytogenes,” 8 Food Microbiology 37-49 (1991).
Lee et al. (Lee), “Improved Listeria monocytogenes Selective Agar,” 52 Applied and
Environmental Microbiology 5, 1215-1217 (November 1986).
1It is our understanding that appellants intend to remove the comma between the words “esculin” and
“and” as unnecessary and editorially incorrect (reply brief, page 4, last para.).
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