Appeal No. 94-2901
Application No. 07/837,666
sterilization, is amply supported by a consideration of the
instant specification in its entirety.
The rejection of claims 18 through 22 under 35 U.S.C.
§ 112, second paragraph, is reversed.
Claims 20 through 22 stand rejected under 35 U.S.C.
§ 112, first paragraph, as based on an original specification
which does not provide adequate written descriptive support
for the invention now claimed. According to the examiner, the
original specification does not adequately support a first
sterilization by filtration as recited in these claims.
Furthermore, claims 18 through 22 stand rejected under
35 U.S.C. § 112, first paragraph, as based on a non-enabling
disclosure. According to the examiner, applicant's disclosure
enables only steam sterilization. Therefore, to obviate this
rejection, the examiner would require that claim 18 be limited
to first and second steam sterilizations; that claim 19 be
limited to repeated subsequent steam sterilizations; and that
claims 20 through 22 be limited to first and second steam
sterilizations.
With respect to these rejections, we agree with the
reasoning succinctly stated by applicant in the Appeal Brief,
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