Ex parte CARR - Page 2




          Appeal No. 97-3575                                                                
          Application 08/380,815                                                            


          of the claims remaining of record in the application.                             
                The appellant's invention is directed to a microwave                        
          warming device for blood and other fluids.  The subject matter                    
          before us on appeal is illustrated by reference to claim 1,                       
          which has been reproduced in an appendix to the Amended Appeal                    
          Brief (Paper No. 10).                                                             
                                      THE REFERENCES                                        
                The references relied upon by the examiner to support the                   
          final rejection are:                                                              
          Carr et al. (Carr)               3,806,837                  Apr. 23,              
          1974                                                                              
          Stubbs                           4,114,011                  Sep. 12,              
          1978                                                                              
          Black                            4,417,116                  Nov. 22,              
          1983                                                                              
                                      THE REJECTION                                         
                Claims 1-11 and 13-16 stand rejected under 35 U.S.C. §                      
          103 as being unpatentable over Stubbs in view of Black and                        
          Carr.2                                                                            
                The rejection is explained in the Examiner's Answer.                        
                The opposing viewpoints of the appellant are set forth in                   


                2Two rejections of some of the claims under 35 U.S.C. § 102(b)              
          were withdrawn by the examiner in the Answer.                                     
                                             2                                              





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