Appeal No. 1997-1770
Application No. 08/235,488
Conceptually, the differences between Edberg and
appellants’ invention are significant. Whereas Edberg relies
solely upon positive test results to confirm the presence of a
particular microbe, appellants’ invention is capable of
detecting the presence of E. coli by negative inference when,
for instance, a negative result is obtained relative to the
selective carbon source (absence of a "second reaction product
signal") coupled with a positive result relative to the
galactosidase substrate (presence of a "first reaction product
signal"). In order to establish a prima facie case of
obviousness, the examiner would have to reconcile these
differences. He has failed to do so.
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