Ex Parte ROTH et al - Page 2



            Appeal No.  1999-1206                                                         Page 2              
            Application No. 08/394,608                                                                        


                   Claims 18, 22, 28, 33 and 36 are representative of the subject matter on appeal            
            and read as follows:                                                                              
                   18.  A test medium for detecting the presence of biological material having                
             β-galactosidase enzyme specificity, said test medium comprising:                                 
                   a base medium for maintenance of said biological material; and                             
                   a chromogenic indolyl β-galactoside substrate forming an insoluble compound of             
            a first color upon reacting with β-galactosidase, wherein said chromogenic                        
            β-galactoside substrate is selected from the group consisting of 6-chloroindolyl-β-D-             
            galactoside, 4,6-dichloroindolyl-β-D-galactoside, 6, 7-dichloroindolyl-β-D-galactoside,           
            4,6, 7-trichloroindolyl-β-D-galactoside and salts thereof.                                        
                   22.  The test medium of claim 18, further comprising 5-bromo-4-chloro-3-indolyl-           
            β-glucuronide.                                                                                    
                   28.  A method for testing the presence of and quantitatively identifying and               
            differentiating microorganisms in a biological test sample, said test sample containing           
            first microorganisms having β-galactosidase but not β-glucuronidase activity, and                 
            second microorganisms having β-glucuronidase activity comprising the steps of                     
                   inoculating a solid test medium or substrate capable of forming a solid with said          
            test sample, said test medium comprising a chromogenic β-galactoside substrate                    
            capable of forming a first water-insoluble precipitate of a first color upon reacting with β-     
            galactosidase, a chromogenic β-glucuronide substrate capable of forming a second                  
            water-insoluble precipitate of a second color contrasting with said first color upon              
            reacting with β-glucuronidase, and a base medium, said first and second colors being              
            visibly distinguishable in daylight,                                                              
                   incubating said test medium to produce colonies of said first and second                   
            microorganisms and first and second colored precipitates corresponding to said                    
            colonies,                                                                                         
                   examining said test medium for the presence of colonies having said first color,           
            such colonies being colonies of microorganisms having β-galactosidase but not β-                  
            glucuronidase activity, and the presence of colonies having said second color, such               
            colonies being colonies of microorganisms having β-glucuronidase activity, and                    
                   enumerating said colonies of microorganisms having β-galactosidase activity and            
            said colonies of microorganisms having β-glucuronidase activity.                                  






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