Appeal No. 96-1819 Application 08/112,151 specification, results in an inexplicable inconsistency that renders them indefinite. Claim 9 is rejected under 35 U.S.C. § 112, second paragraph, for failing to particularly point out and distinctly claim the subject matter which the appellant regards as the invention. This claim depends on canceled claim 1 (i.e., a non-existent claim) and it is thus unclear what subject matter the appellant intended to cover. Claims 8 and 10 are rejected under 35 U.S.C. § 112, first paragraph, as being directed to an nonenabling disclosure. There is no disclosure of an embodiment having a “second mode” wherein, on the one hand, the vacuum source is “disconnected and disassociated” with the collecting means and the outlet port is adapted for connection to the transfusion tubing but, on the other hand, this same vacuum source is adapted for direct connection to the drainage tubing and “is activated” to draw fluid from the wound. Similarly, there is no disclosure of an embodiment having a “second mode” wherein, on the one hand, the outlet port is adapted for connection to the transfusion tubing but, on the other hand, the vacuum source is adapted for direct connection to the drainage tubing and “is activated” to draw fluid from the wound as claim 10 sets forth. 7Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007