Ex parte MINNICH et al. - Page 3



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

                   distributing a defined volume of a liquid sample as a number of equal volume                  
             aliquots into a number of receptacles each associated with membrane material so that the            
             microbe is randomly distributed on the membrane material associated with said                       
             receptacles,                                                                                        
                   filtering the aliquots [sic] to collect on the membrane material microbes contained in        
             the liquid sample and                                                                               
                   sequentially performing in a single assay                                                     
                   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 non-selective medium permitting                
             growth of the microbes collected, said medium including metabolizable substrates;                   
                   (b)    incubating the membrane material so that the microbes multiply;                        
                   (c)    analyzing the medium for a metabolic by-product which indicates the                    
             presumptive presence of the viable specific microbe to be determined and for the                    
             presence of another metabolic by-product which confirms the presence of said viable                 
             microbe; and                                                                                        
                   (d)    removing the non-selective medium from the membrane material and                       
                   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 immunoreactive reagent specific for the microbe to             
             be determined under conditions permitting formation of complexes between the                        
             immunoreactive reagent and the microbe,                                                             
                   (b)    completing the identification of the microbe based on said complex and                 
                   (c)    determining the amount of complex formed and thereby the amount of the                 
             specific microbe originally present in the liquid sample.                                           





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