Ex parte SCHULZE - Page 2




          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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