Appeal No. 1997-2389
Application No. 08/987,233
Background
Appellants describe the invention at pages 4-5 of the specification as being
directed to a method for analyzing a liquid sample to determine the presence of a specific
microbe, e.g., E. Coli wherein a known volume of a liquid sample is distributed into
receptacles having a membrane present therein. The microbes are collected on the
membrane and the membrane is contacted with a non-selective medium in order to permit
the growth of any microbes isolated from the sample. The membrane material is then
tested for one or more substances indicative of the presence of the microbe. The
membrane bound microbes are then contacted with a solution containing a detectable
reagent specific for the microbe under conditions permitting formation of a complex
between the reagent and the microbe. Detection of the amount of complex formed permits
determination of the amount of microbe originally present in the liquid sample.
The rejections under 35 U.S.C. § 103
In rejecting claims 27, 28, 31 - 35, 43, and 47 under 35 U.S.C. § 103, the examiner
relies on Jolley as disclosing a method for quantitative determination of cellular antigens,
including bacteria, wherein a liquid sample is inoculated into a number of receptacles
having a membrane material present therein which permits the collection of the cells
present in the sample. The bacteria on the membrane are contacted with a luminescent
reagent specific for the bacteria and the amount of the microbe is determined by
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