Ex parte PETER F. BEMIS et al. - Page 9




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


          indented.                                                                   


               Since we find nothing in the combined teachings of Mertens             
          and Baxter, which would fairly suggest modifying the canister or            
          drum of Mertens by (1) proving suction and patient ports and (2)            
          altering the canister to provide a visible indication that the              
          canister has been cleaned, we will not sustain the rejection of             
          claims 23-25 and 34 based on these two references.                          
               The examiner’s rejections under 35 U.S.C. § 103 are all                
          reversed.                                                                   
                                      REVERSED                                        



                    JAMES M. MEISTER             )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    NEAL E. ABRAMS               )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    CHARLES E. FRANKFORT         )                                    
                    Administrative Patent Judge  )                                    





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