Appeal No. 1997-1770
Application No. 08/235,488
§ 103 to use the two specific substrates of appellants’ claims
in tandem to detect coliform bacteria and E. coli. For the
most part, Edberg teaches use of a single nutrient-indicator
substrate which is only metabolized by, i.e., is selective
for, a particular target microbe. It is true that Edberg
(col. 9-10; claim 16) also contemplates detecting both total
coliforms and E. coli simultaneously by using a combination of
a $-galactosidase substrate (for total coliforms) and a $-
glucuronidase substrate (for E. coli). The examiner has not
presented any cogent reason, nor are we aware of any, why one
of ordinary skill in the art would have been motivated to
modify this combination to arrive at appellants’ invention by
replacing the $-glucuronidase substrate with a carbon source,
e.g. adonitol, which is metabolizable by a plurality of
coliform species but not by E. coli. Adonitol is mentioned by
Edberg (col. 8, l. 3-16) but only in connection with a method
for detecting K. pneumoniae. We find no suggestion in Edberg
to use adonitol in combination with any other substrate, let
alone in combination with a galactosidase substrate in
particular for detecting coliform bacteria and E. coli.
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