Appeal No. 1997-0926
Application No. 08/552,045
Claims 2 and 3 are dependent on claim 1 and contain all
of
the limitations of that claim. Accordingly, the examiner’s
rejection of claims 2 and 3 will also be reversed.
The Rejection of Claims 4-9 Under 35 U.S.C. § 103
Over Yoshida in view of Valentine and Hyans
Claim 4 recites a method of sterilizing a medical device
comprising the steps of coating the medical device with a
mixture
of a silicone based lubricant and either vitamin E or vitamin
E acetate and irradiating the medical device. Claim 7 calls
for a lubricant that does not substantially increase in
viscosity after irradiation for use with a medical device,
comprising a mixture of a silicone based lubricant and either
vitamin E or vitamin E acetate.
The examiner cites Hyans as evidence that it was well
known at the time appellants made their invention to sterilize
medical equipment using radiation. It is the examiner's
position that, in view of Hyans, "[i]t would have been obvious
to one of ordinary skill in the art to sterilize the blood bag
of Yoshida as modified by Valentine with radiation" (answer,
10
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