Ex parte MILLER et al. - Page 2




                Appeal No. 96-0918                                                                                                         
                Application 08/059,017                                                                                                     


                claims 23 to 25, 27 to 31, 33 and 34.  Claims 10, 12 and 14 to                                                             
                17 have been allowed.  Claims 18 to 21, the only other                                                                     
                remaining                                                                                                                  


                claims in the application, have been withdrawn from further                                                                
                consideration under 37 CFR § 1.142(b) as not being readable on                                                             
                the elected invention.                                                                                                     
                        Appellants’ invention pertains to a device for cleaning                                                            
                surgical instruments.  The subject matter before us on appeal                                                              
                is illustrated by reference to representative claim 23, a copy                                                             
                of which is found in an appendix to appellants’ brief.2                                                                    
                        The references of record relied upon by the examiner in                                                            
                support of the rejections are:                                                                                             
                        Larson                   2,250,112                               Jul. 22, 1941                                     
                        Nordgren                 3,107,665                               Oct. 22, 1963                                     
                        Racioppi                 4,945,598                               Aug.  7, 1990                                     
                        Wechsler                 515,233                                 Jun. 13, 1938                                     
                (United Kingdom)                                                                                                           
                        Claims 23 to 25, 27, 29 to 31 and 33 stand rejected under                                                          

                        2In each of the independent claims on appeal, the height                                                           
                of certain bristles is said to be "of the order of" one-tenth                                                              
                of an inch.  Consistent with the original disclosure (page 8,                                                              
                line 22), we interpret same to mean "approximately" one-tenth                                                              
                of an inch.                                                                                                                
                                                                    2                                                                      





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