Appeal No. 2004-1734
Application No. 08/942,369
Background
According to the appellants, bacterial-urinary tract infections are common human
and veterinary diseases. Brief, p. 2. The primary causative agents are said to be the
primary gram-negative organisms which include E. coli, Klebsiella spp., Enterobacter
spp., Proteus mirabilis, Proteus vulgaris, Morganella morganii, Providencia reterri,
Acinetobacter spp. and Enterococcus faecalis. Id.
As indicated by the claims above, the present invention is directed to a method of
detecting the presence of a urinary tract infection and its susceptibility to an
antimicrobial agent. The appellants state that this is accomplished, in part, by the use
of a uropathogenic-specific medium. Brief, p. 2. According to the appellants, said
medium
allows only the growth of the primary urinary Gram-negative pathogens and
allows for substantially less growth of any other bacteria of a biological matrix
(specification, p. 12, line 11 et seq.; p. 19, Table 1). The specification defines the
primary Gram-negative urinary pathogens as the group of bacteria which cause
at least 85-90% of the human and veterinary urinary tract infections
(specification, p. 10, line 19 et seq.) [emphases omitted]. Brief, p. 2.
The invention involves a multi-compartment assay device which comprises a first
compartment containing a medium capable of sustaining the growth of the total
microorganisms in a urine sample; a second compartment containing a uropathogenic-
specific medium; and a third compartment containing the uropathogenic-specific
medium and an antimicrobial agent. According to the appellants, the present invention
differs from previous methods in that it enables one to collect a non-sterile urine sample
and make a simultaneous determination of the presence and susceptibility of any
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