Ex Parte Peluso et al - Page 2

               Appeal 2007-1993                                                                             
               Application 10/277,432                                                                       

                                             BACKGROUND                                                     
                      “Containers for the administration of medical solutions are well                      
               known.  Typically, the containers are made from flexible film that is folded                 
               and sealed together along peripheral side edges” (Specification 1).  The                     
               containers also typically have an inlet, outlet, and “a device for piercing the              
               outlet and establishing a fluid communication between the device and the                     
               solution inside the container” (id.).                                                        
                      The Specification discloses “a formed, filled, sealed solution container              
               with an access port . . . [that] is sealed to the container and has means to                 
               puncture said container” (id. at 3).  The port has a valve with a cylindrical                
               opening slidingly coupled to a perforator that punctures the film, allowing                  
               fluid communication between the interior and exterior of the container (id. at               
               3-4).  In one embodiment, a “tab is attached to the perforator and attached to               
               the port . . . [so that] the tab is detached from the perforator after the fluid             
               communication is established” (id. at 4).                                                    
                                              DISCUSSION                                                    
               1.  CLAIMS                                                                                   
                      Claims 1, 2, 4, 5, 7, and 45-50 are on appeal.  Claims 6 and 8-44 are                 
               also pending but have been withdrawn from consideration by the Examiner.                     
                      Claim 1 is representative and reads as follows:                                       
                      1.  A container comprising:                                                           
                            a film folded to define sides wherein the sides are sealed                      
                      to define an interior;                                                                
                            a port defining an outlet through which fluid                                   
                      communication with the interior is established;                                       
                            a perforator movably attached to the port for piercing the                      
                      film; and                                                                             


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