Appeal No. 95-4926
Application No. 08/101,495
from further consideration by the examiner as being directed to a
nonelected invention or species.
The subject matter on appeal relates to a sterile rigid
sleeve produced from a mixture of a plastic and an antimicrobial
agent for avoiding cross-contamination between persons who come
in contact with the sleeve. Further details of this appealed
subject matter are set forth in representative independent claim
9 which reads as follows:
9. A sterile rigid sleeve produced from a mixture of a
plastic and an antimicrobial agent for avoiding cross-
contamination between persons who come in contact with said
sleeve; said plastic being formed from styrenic resins; said
antimicrobial agent is taken from the group consisting of iodines
and povidone-iodines and any combinations of said antimicrobial
agents; said sterile rigid sleeve being elongated for covering
non-sterile surfaces; said mixture being from 1% to 10% by weight
of antimicrobial agent.
The references relied upon by the examiner as evidence of
obviousness are:
Broussard 4,768,531 Sep. 6, 1988
Marhevka 5,017,369 May 21, 1991
Neiner et al. (Neiner) 5,161,971 Nov. 10, 1992
Brink et al. (Brink) 5,173,291 Dec. 22, 1992
Usala 5,236,703 Aug. 17, 1993
(filed Jul. 20, 1989)
Weder 5,242,052 Sep. 7, 1993
(filed Jan. 27, 1992)
Sieveking et al. 5,294,445 Mar. 15, 1994
(Sieveking) (filed Aug. 17, 1992)
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