Ex Parte ROTH et al - Page 5



            Appeal No. 1999-1206                                                          Page 5              
            Application No. 08/394,608                                                                        
            especially dairy products.  According to the specification, A[n]umerous methods for               
            determining, identifying and enumerating coliforms and E. coli [are known],@ but none             
            can be used to both quantify, and distinguish between, general coliforms and E. coli, in          
            a single test on a single sample.  Specification, page 2.  For example (Id., pages 3-4)           
                   The Presence/Absence (P/A) test . . . which involves the reagents O-                       
                   nitrophenyl-β-D-galactopyranoside (ONPG), a β-galactosidase substrate                      
                   and 4-methyl-umbelliferyl-β-D-glucuronide (MUG), a β-D-glucuronidase                       
                   substrate, results in the determination of the presence or absence of                      
                   general coliforms and E. coli.  The test relies on the fact that generally all             
                   coliforms produce β-galactosidase, but only E. coli strains produce β-                     
                   glucuronidase.  If any coliforms are present, the broth medium turns a                     
                   yellow color due to the activity of galactosidase enzyme on the ONPG                       
                   material causing the release of a diffusible yellow pigment.  If E. coli is                
                   present, the broth medium will demonstrate a blue fluorescence when                        
                   irradiated with ultraviolet rays due to the breakdown of the MUG reagent                   
                   with the release of the fluorogenic dye caused by . . . glucuronidase . . .                
                   These reactions are very specific and allow both general coliforms and E.                  
                   coli to be identified in a single test in a single sample.  But since both                 
                   reagents produce diffusible pigments, the test has the disadvantage of not                 
                   being directly quantitative for either bacterial type.                                     
                                                                                                             
                   [t]he reagent 5-bromo-4-chloro-3-indolyl-β-D-galactopyranoside (X-gal) is                  
                   a known test compound for identifying coliforms.  When acted on by the β-                  
                   galactosidase enzyme produced by coliforms, X-gal forms an insoluble                       
                   indigo blue precipitate.  X-gal can be incorporated into a nutrient medium                 
                   such as an agar plate, and if a sample containing coliforms is present, the                
                   coliforms will grow as indigo blue colonies.  X-gal has the advantage over                 
                   . . . ONPG . . . in that it forms an insoluble precipitate, rather than a                  
                   diffusible compound, thereby allowing the quantitative determination of                    
                   coliforms.                                                                                 
                   [a] similar compound, 5-bromo-4-chloro-3-indolyl-β-D-glucuronide (X-gluc)                  
                   has been developed for the identification of E. coli.  When acted on by the                
                   β-glucuronidase enzyme produced by E. coli, X-gluc forms an insoluble                      
                   indigo blue precipitate.  X-gluc has the advantages over . . . MUG . . . in                
                   that it forms an insoluble precipitate, rather than a diffusible compound,                 
                   thereby allowing the quantitative determination of E. coli [and] it does not               
                   require the use of ultraviolet light.                                                      
                   X-gal and X-gluc have the disadvantage that they each contain the exact                    
                   same chromogen and therefore cannot be used together to identify and                       





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