Appeal No. 2003-0740
Application No. 09/099,188
Claims 13-15, 17, 20, 29 and 30 stand rejected under 35 U.S.C.
§ 103(a) as unpatentable over Smith in view of Mueller (Answer,
page 5). Claim 19 stands rejected under 35 U.S.C. § 103(a) as
unpatentable over Smith in view of Mueller and Fabisiewicz (Answer,
page 6). All of the claims on appeal also stand rejected under
35 U.S.C. § 103(a) as unpatentable over Smith in view of
Fabisiewicz, Carveth, Peterson, Mueller and/or Woo (Answer, page
7). We reverse all of the rejections on appeal essentially for the
reasons stated in the Brief, Reply Brief, and for those reasons set
forth below.
OPINION
The examiner relies upon Smith as the primary reference
forming the basis for every ground of rejection on appeal (Answer,
pages 5, 6, and 7). The examiner finds that Smith discloses a
medical bag which contains two compartments capable of holding two
fluids that in use were to be mixed together, separated by a
peelable seal of the plastic material which formed the container
(Answer, page 5). The examiner finds that Smith suggests that the
inner sealing layer of the bag would have been formed from an alloy
of styrene-ethylene-butene-styrene (SEBS) copolymer having a first
melting point and an ethylene propylene copolymer having a second
melting point where the second melting point is higher than the
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