Appeal No. 95-0084
Application 07/857,329
DECISION ON APPEAL
This is a decision on an appeal from the final rejection of
claims 7 through 10, 12 through 16, 19 through 23, 25 through 34
and 45 through 48 which are all of the claims remaining in the
application.
The subject matter on appeal relates to an apparatus for
sterilizing at least one object by vapor under pressure. This
appealed subject matter is adequately illustrated by independent
claims 30 and 45, a copy of which taken from the appellants'
brief is appended to this decision.
The references relied upon by the examiner in the rejections
before us are:
Falk 4,122,324 Oct. 24, 1978
Standing et al. (Standing) 4,132,811 Jan. 2, 1979
All of the claims on appeal stand variously rejected: (1)
under 35 U.S.C. § 112, second paragraph, for failing to
particularly point out and distinctly claim the subject matter
which appellants regard as their invention, (2) under 35 U.S.C.
§ 103 as being obvious over Standing taken with Falk, and (3)
under the judicially created doctrine of obviousness-type double
patenting over claims 1 through 35 of the appellants' patent
5,018,359 or over claims 1 through 28 of the appellants' patent
5,039,495.
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