Appeal No. 1997-2389
Application No. 08/987,233
determining the amount of complex formed. (Answer, page 6). The examiner
acknowledges that Jolley (id.):
lacks the insertion of an incubation period in non-selective
medium to permit multiplication of bacteria in the receptacles
and analysis of metabolic by-products . . . .
The examiner relies on Mattiasson and Fernwood to supply that which is missing
from Jolley. Specifically, the examiner relies on Mattiasson as describing a method for
quantifying the amount of organisms in a sample wherein the sample is placed in a
receptacle associated with a membrane. The cells, of interest in the sample, are bound to
the membrane using biospecific binding, such as a bound antibody specific to the cells or
organism of interest. (Id.) Thus, Mattiasson uses the specific binding which binds the
organism to the membrane as the qualitative test to ascertain the presence of a specific
cell or organism rather than the determination of two or more metabolites resulting from the
culturing step which Mattiasson uses for the quantitative step of the assay. The examiner
cites Fernwood as describing a general method and apparatus for biochemical testing
and screening wherein the receptacles are associated with a membrane in a system which
permits multiple biochemical tests to be run simultaneously or sequentially. (Answer,
paragraph bridging pages 6-7). Thus, the membrane permits the growth, secretion of
cellular material in to the media, testing of the media and removal of the media and further
testing of the cells remaining on the membrane after filtration.
The examiner concludes that (Answer, page 7):
6
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