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.
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