Ex parte MINNICH et al. - Page 2




             Appeal No. 1997-2389                                                                                
             Application No. 08/987,233                                                                          

             microbe is randomly distributed on the membrane material associated with said                       
             receptacles,                                                                                        
                   filtering the aliquots to collect on the membrane material microbes contained in the          
             liquid sample and                                                                                   
                   sequentially performing in a single assay                                                     
                   1.     a first test to determine the presumptive presence of the specific microbe             
             and to confirm the presence of the microbe, which first test comprises:                             
                   (a)    contacting the membrane material with a selective [sic] medium permitting              
             growth of the microbes collected, said medium including metabolizable substrates;                   
                   (b)    incubating the membrane materials so that the microbes multiply;                       
                   (c)    analyzing the medium for a metabolic by product which indicates the                    
             presumptive presence of the specific microbe to be determined and for the presence of               
             another metabolic by-product which confirms the presence of said microbe; and                       
                   (d)    removing the non-selective medium from the membrane material and                       
                   2.     a second test to completely determine and quantify the presence of the                 
             microbe, which second test comprises:                                                               
                   (a)    contacting the microbe collected on the membrane material with a                       
             predetermined amount of a detectable reagent specific for the microbe to be determined              
             under conditions permitting formation of complexes between the reagent and the microbe              
             and                                                                                                 
                   (b)    determining the amount of complex formed and thereby the amount of the                 
             specific microbe originally present in the liquid sample.                                           
                   29.    The method of claim 27 wherein the reagent is a polynucleotide                         
             complementary to a gene of the microbe.                                                             
                   43.    A method for analyzing a liquid sample to quantitatively determine the                 
             presence of a viable specific microbe which comprises                                               


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