Ex parte HITE et al. - Page 11




          Appeal No. 96-1391                                                          
          Application 08/170,503                                                      



          patient’s skin (i.e., sheet 42 of Sconce) should be                         
          sterilized.  We therefore conclude that the subject matter                  
          recited in claim 2 would have been obvious to one of ordinary               
          skill over Sconce in view of Byrd, and will sustain this                    
          rejection.                                                                  
          Conclusion                                                                  
                    The examiner’s decision to reject claims 1, 2 and 4               
          is affirmed.  Her decision to reject claim 3 is reversed.                   
                    No time period for taking any subsequent action in                
          con- nection with this appeal may be extended under 37 CFR §                
          1.136(a).                                                                   
                                  AFFIRMED-IN-PART                                    





                         IAN A. CALVERT               )                               
                         Administrative Patent Judge  )                               
                                                       )                              
                                                       )                              
                                                       )   BOARD OF                   
          PATENT                                                                      
                         LAWRENCE J. STAAB            )     APPEALS AND               
                         Administrative Patent Judge  )                               
          INTERFERENCES                                                               
                                                       )                              
                                                       )                              
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