Appeal No. 1999-0111
Application 08/484,593
The examiner has premised his conclusion of obviousness on the teachings of
Sussman, Carr and Koumura.
Sussman discloses a method of rapidly identifying specific bacteria species in
clinical samples by their enzyme profiles. The method involves the use of a support which
“has deposited on it a dry substance selected from a group consisting of fluorogenic
substrates, $-methylumbelliferone, 7-amino 4-methyl coumarin, $-napthylamine,
fluoroscein, and resorufin.” Sussman, col. 4, lines 1-9 and Figures 1 and 2. Sussman
discloses that the fluorogenic substrates are dried on individual supports. Id., col. 6, line
31- col. 8, line 11; Figures 1 and 2. Sussman further discloses that
The number of kinetics and fluorescence enhancing supports required to identify a
particular microorganism will depend on the microorganism. In some cases, a
single support may be enough. In other cases, forty or more different supports may
be required to differentiate one microorganism from another having a very similar
profile. Id., col. 8, lines 35-41.
Carr discloses a method of determining the sensitivity of a microorganism to an
antimicrobial substance wherein the microorganism is cultured in the presence of an
antimicrobial substance and a fluorogenic substrate such as 7-N-(aminoacyl)-7-amido-4-
methylcoumarin (a peptidase substrate) and 4-methyl umbelliferyl phosphate(a
phosphatase substrate). Carr, the abstract; col. 3, line 66- col. 4, line 50.
Koumura discloses a method of detecting microorganisms in food or water which
comprises the use of nutrient medium containing the microorganisms and umbelliferone
derivatives such as 4-methylumbelliferyl phosphate (a phosphastase substrate) and
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