Ex parte OLSON - Page 7




          Appeal No. 96-1819                                                          
          Application 08/112,151                                                      


          specification, results in an inexplicable inconsistency that                
          renders them indefinite.                                                    
               Claim 9 is rejected under 35 U.S.C. § 112, second paragraph,           
          for failing to particularly point out and distinctly claim the              
          subject matter which the appellant regards as the invention.                
          This claim depends on canceled claim 1 (i.e., a non-existent                
          claim) and it is thus unclear what subject matter the appellant             
          intended to cover.                                                          
               Claims 8 and 10 are rejected under 35 U.S.C. § 112, first              
          paragraph, as being directed to an nonenabling disclosure.  There           
          is no disclosure of an embodiment having a “second mode” wherein,           
          on the one hand, the vacuum source is “disconnected and                     
          disassociated” with the collecting means and the outlet port is             
          adapted for connection to the transfusion tubing but, on the                
          other hand, this same vacuum source is adapted for direct                   
          connection to the drainage tubing and “is activated” to draw                
          fluid from the wound.  Similarly, there is no disclosure of an              
          embodiment having a “second mode” wherein, on the one hand, the             
          outlet port is adapted for connection to the transfusion tubing             
          but, on the other hand, the vacuum source is adapted for direct             
          connection to the drainage tubing and “is activated” to draw                
          fluid from the wound as claim 10 sets forth.                                

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