Appeal No. 96-2192 Application 08/306,856 Representative claim 30 is reproduced below: 30. A device for monitoring the number of times a sterilization has been performed comprising: a temperature sensitive mechanical element which transforms from a first spatial state to a second spatial state at a predetermined temperature; and a blocking element coupled to said mechanical element movable from a retracted position to an extended blocking position when the number of heatings of said temperature sensitive mechanical element beyond a predetermined temperature exceed a predetermined number of such heatings; and said monitoring device capable of blocking operation of a surgical instrument when said blocking element is in said extended position. There are no references relied on by the examiner. Claims 2 through 4, 30 and 31 appear to be rejected on the basis of the written description as well as enablement portions of 35 U.S.C. § 112, first paragraph, according to a liberal interpretation of the position advocated by the examiner in the Answer. Only claims 2 through 4 stand rejected under the second paragraph of 35 U.S.C. § 112. 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007