Appeal No. 2004-1734
Application No. 08/942,369
acid disclosed by Brocco as antimicrobial agents in the method taught by Johnson, and
that “the motivation would have been to test susceptibility of microorganisms,
specifically urinary pathogens/E. coli, to any known antibiotic or mixture of antibiotics, as
suggested by Johnson, in order to determine an appropriate course of treatment for a
subject infected with the microorganisms.” Answer, p. 9.
Here, we find that the examiner relies on Brocco only for teaching the addition of
amoxicillin and clavulanic acid to media in order to analyze the sensitivity of
microorganisms to these antibiotics. However, since Brocco does not make up for the
deficiencies discussed above with respect to the teachings of Johnson, Libman and
Thaller, it reasonably follows that this rejection fails for the reasons set forth for
Rejection I.
Accordingly, Rejections III and IV are reversed.
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