Appeal No. 97-0943 Page 7
Application No. 08/232,502
specific amount (i.e., volume) of solution is not able to be
specified until the drug is mixed. We recognize that in the
appellant's disclosed method (specification, page 17) the drug
is mixed with another fluid in the bag, that the known amount
(i.e., volume) of the fluid in the bag is used to determine
the amount (i.e., volume) of drug to be added to the fluid in
the bag, that an amount (i.e., volume) of fluid is withdrawn
from the bag equivalent to the amount (i.e., volume) of drug
being added to the bag, and that thereafter the determined
amount (i.e., volume) of drug is mixed with the remaining
fluid in the bag. However, this is not the method recited in
the appealed claims.
As to the examiner's lack of antecedent objections to
claims 5 and 33, we believe the appellant's after final
amendments (Paper No. 8) to claims 5 and 33 overcome those
objections. However, the appellant failed to amend claim 344
to correct the antecedent objection. Additionally, we note
that claim 34 lacks antecedent basis for "said anesthesia."
4The amendment amended claims 32 and 33 (not claims 33
and 34) to delete "predetermined."
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