Appeal No. 97-0943 Page 2
Application No. 08/232,502
35. Claims 11, 12, 15 through 21, 24, 25 and 27 through 322
have been withdrawn from consideration under 37 CFR § 1.142(b)
as being drawn to a nonelected invention. Claims 3, 4, 8, 13,
14, 22, 23 and 26 have been canceled.
We AFFIRM, however, for reasons explained infra, we have
denominated our affirmance a new ground of rejection under 37
CFR § 1.196(b).
BACKGROUND
The appellant's invention relates to a method of
preparing a drug solution. Claim 1 is representative of the
subject matter on appeal and a copy of claim 1 is attached to
this decision.
The prior art references of record relied upon by the
examiner as evidence of obviousness under 35 U.S.C. § 103 are:
Rubalcaba, Jr. 4,898,578 Feb.
6, 1990
2Claims 2, 5, 7 and 33 have been amended subsequent to
the final rejection.
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