Ex parte D'SILVA - Page 2




          Appeal No. 97-0615                                                          
          Application 08/359,664                                                      




          have been withdrawn from further consideration under 37 CFR                 
          § 1.142(b) as being directed to a non-elected invention.2                   

          Appellant's invention as represented in the claims before                   
          us on appeal relates to a system for marking a container                    
          subjected to a process to indicate the status of the                        
          container.  More specifically, as explained on page 1 of the                
          specification, the system involves                                          
               marking and/or identifying a disposable plastic bag                    
               or container having an interior for holding a                          
               mixture of methylene blue and a blood component,                       
               such as plasma.  The system marks the bag to                           
               indicate whether the bag has been subjected to a                       
               process, such as an illumination process, used to                      
               treat the mixture, such as for sterilization.                          

          Independent claim 1 is representative of the subject                        
          matter on appeal and a copy of that claim appears in the                    
          Appendix to appellant's brief.                                              
          The prior art references of record relied upon by the                       


               Claim 1 was amended subsequent to the final rejection in a paper filed2                                                                     
          May 15, 1996 (Paper No. 9). According to the advisory action (Paper No. 10, 
          mailed May 23, 1996), this amendment corrected the § 112 problem noted in the
          final rejection and was to be entered upon the filing of the appeal. We note,
          however, that this amendment has not as of yet been clerically entered.     

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