Appeal No. 2006-1300
Application No. 08/203,672
bottle that can be used for ultimately feeding the milk to
a baby (see column 7, lines 25-28).
As indicated above, independent claim 25 recites a
breast milk handling method comprising, inter alia, the
steps of providing a bag holder and mounting a bag to the
bag holder. The examiner’s determination (see page 5 in
both the final rejection and answer) that these steps are
met by the description in Yanase ‘104 of the breast pump
disclosed by Yanase ‘405 and the manner in which the breast
pump is used with the bag disclosed by Yanase ‘104 is ill
founded. In short, Yanase ‘104, even when considered in
light of the references therein to Yanase ‘405, does not
teach a step of mounting the bag to the breast pump or to
any other structure that might reasonably be construed as a
bag holder.
Thus, Yanase ‘104 does not disclose each and every
element of the method recited in claim 25. Accordingly, we
shall not sustain the standing 35 U.S.C. § 102(b) rejection
of independent claim 25 and dependent claim 26 as being
anticipated by Yanase ‘104.
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