Appeal No. 2004-1734
Application No. 08/942,369
pathogens and contaminants. Additionally, the lack of electrolytes prevents a
common culturing problem - swarming of Proteus. Organisms can be
presumptively identified by color of colonies and media and/or morphology of
colonies. MacConkey Agar and EMB Agar are well-known differential media for
detection and isolation of enteric microorganisms. MacConkey and EMB agars
have been used in hospitals for many years. The common gram negative
organisms (responsible for more than 90% of urinary tract infections) can be
identified readily with MacConkey Agar and EMB Agar [col. 3, line 67- col. 4, line
15].
Thaller discloses a selective, differential medium (T-mod) for screening common
gram-negative urinary tract pathogens. Thaller, the abstract; p. 791, col. 1, para. 2. In
tests of E. coli, P. mirabilis, K. pneumoniae, Serratia marcescens, Citrobacter freundii
and Pseudomonas aeruginosa, Thaller reports no significant difference in the colony
counts and sizes between the T-mod and MacConkey media. Id., p. 791, col. 2, paras.
2-3. Thaller further reports that in tests of 267 infected urine samples, the T-mod media
presumptively identified 248 gram-negative strains. Id., p. 792, col. 1, first complete
para. According to Thaller, T-mod medium “provides good presumptive identification of
the gram-negative rods most frequently involved in urinary tract infections. Id., para. 2.
Odaka discloses a culture medium for the proliferation of coliform bacteria that
exist in food, pharmaceuticals, cosmetics, drinking water and urine. Odaka, p. 3.
Odaka reports that a rapid method of bacterial growth is achieved using a culture media
which contains, inter alia, 4-methyl-umbelliferyl-$-galactoside (4-MUGal) and yeast
extract. Id., pp. 3 and 4. According to Odaka the 4-MUGal is changed to 4-methyl-
umbelliferon (4-MU) in the presence of galactose which generates a readily detectable
fluorescence. Id., p. 4.
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