Ex Parte CHEN et al - Page 6




              Appeal No. 2004-1734                                                                                       
              Application No. 08/942,369                                                                                 
              primary Gram-negative uropathogens present in said sample.  Brief, pp. 3-4.  That is,                      
              because contaminating flora are normally present on a patient’s skin, an animal’s fur, or                  
              in the environment, the collection of a urine specimen for analysis often results in the                   
              specimen being contaminated by bacteria, or otherwise being collected in a non-sterile                     
              manner.  Brief, p. 2.  The present invention is said to avoid this problem by employing a                  
              uropathogenic-specific medium which only enables the growth of primary gram-negative                       
              uropathogens and not other bacteria present in a biological sample.                                        
                                                      Discussion                                                         
                     In reviewing the applied prior art we find that Johnson discloses a microtiter-type                 
              device (a multicompartment assay device), for exposing a test sample to a variety of                       
              test reactants.  Johnson, the abstract; col. 1, lines 6-11.  The device contains                           
              dehydrated reagents which can be rehydrated with aliquots of the inoculum to be tested.                    
              Id., the abstract; col. 2, lines 28-35.  Johnson further discloses that the device can be                  
              used to determine the sensitivity of microorganisms to antibiotics.  Id., col. 1, lines 5-11;              
              col. 2, lines 9-11 and lines 35-44; col. 3, lines 25-29.  Johnson still further discloses that             
                            In accordance with the present invention, a self-contained rehydratable                      
                     microtiter type device is disclosed in which serial concentrations of material can                  
                     be predeposited and dried in multiple growth wells or cavities of the device and                    
                     then a preselected aliquot amount of a chosen inoculum from a reservoir in the                      
                     device is used to rehydrate the dried material to a proper liquid concentration.                    
                     Following incubation, if any, the results are observed.  For example, by                            
                     rehydrating dried antimicrobial agents microbial sensitivity can be determined by                   
                     macroscopically observing turbid growth.  Thus, specimen can be introduced into                     
                     selective culture mediums and known antibiotics.  The optical characteristics will                  
                     change if (a) the specimen contains a microorganism which is favored by the                         
                     culture medium of the blend and (b) the microorganism is not susceptible to the                     
                     antibiotic.  Johnson, col. 2, lines 28-44.                                                          
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