Ex parte PETER F. BEMIS et al. - Page 8




          Appeal No. 96-2270                                                          
          Application 08/073,108                                                      


          drum 2 through which concentric pipes are inserted for the                  
          purpose of providing a rinsing fluid 7 under pressure via outer             
          pipe 20 and thereafter removing the fluid via inner pipe 10 which           
          is connected to a pump 6.  We find nothing, nor does the examiner           
          even allege there is anything, in Baxter which would suggest                
          modifying the drum or canister 2 of Mertens to include a suction            
          port and patient port as claimed.                                           
               Moreover, we cannot agree with the examiner that there is              
          anything in the combined teachings of Mertens and Baxter to                 
          suggest modifying the device of Mertens to include the limitation           
          expressly set forth in independent claim 23 of:                             
               an indicator for altering said suction canister in                     
               response to cleaning thereof so as to provide a visible                
               indication that said suction canister has been cleaned.                
          While Baxter broadly teaches an indicator, Baxter’s canister or             
          container is for holding sterile fluids such as intravenous                 
          solutions and is not altered in response to cleaning as claimed.            
          Baxter merely provides a flexible sealing disk 13 which loosely             
          overlies air inlet 11 and fluid discharge opening 12 and, when a            
          vacuum is properly maintained in the container, the sealing disk            
          is visibly cupped or depressed around the air inlet and fluid               
          discharge openings.  If, however, the seal in Baxter should                 
          somehow be broken, then the sealing disk is no longer cupped or             

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