Ex parte TOWNSEND et al. - Page 3




              Appeal No. 1999-0111                                                                                        
              Application 08/484,593                                                                                      
                     The references relied upon by the examiner are:                                                      
              Koumura et al. (Koumura)                   4,591,554                    May 27, 1986                        
              Carr et al. (Carr)                         5,064,756                    Nov. 12, 1991                       
              Sussman et al. (Sussman)            5,236,827                   Aug. 17, 1993                               
                     Claims 1-3, 6, 7, 9-16, 19, 20, 22-28, 31, 32, 34-39, 42, 43 and 45-53 stand                         
              rejected under 35 U.S.C. § 103 as unpatentable over Sussman, Carr and Koumura.                              
                     We reverse.                                                                                          


                                         BACKGROUND AND DISCUSSION                                                        
                     The present invention is directed to (i) a method of detecting the presence of                       
              bacteria in a food sample which comprises inoculating a growth medium having a first                        
              substrate which is capable of being acted upon by a phosphatase, a second substrate                         
              which is capable of being acted upon by a glycosidase, and a third substrate which is                       
              capable of being acted upon by a peptidase, with a food product, and (ii) a bacterial                       
              growth medium which comprises a first enzyme substrate for a phosphatase, a second                          
              enzyme substrate for a glycosidase, and a third enzyme substrate for a peptidase, wherein                   
              said enzyme substrates produce a detectable signal when hydrolyzed by their respective                      
              enzyme.  In addition, the invention is directed to a method of detecting the presence of                    
              bacteria in a food sample which comprises inoculating a growth medium having a first                        
              substrate which is capable of being acted upon by a glycosidase, and a second substrate                     
              which is capable of being acted upon by a peptidase, with a food product.                                   


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