Appeal No. 1998-2381
Application No. 08/304,725
Claims 8 and 16, the only other claims in the application,
stand withdrawn from consideration under 37 CFR § 1.142(b).
We REVERSE.
The subject matter on appeal is directed to a perfusion
control system or heart-lung machine intended to provide the
operator with improved access to and visibility of the various
system components.
A copy of the appealed claims is appended to the main
brief (Paper No. 24).
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Rota Des. 241,549 Sep.
21, 1976
Fort 5,228,791 Jul. 20,
1993
Additionally, the examiner relies on the admitted prior
art (APA) shown in Figures 1 and 2 of the application. , 2 3
2 The examiner does not explicitly describe the content of the APA in
the statement of the rejection, but we understand appellants’ Figures 1 and 2
to be representative of the APA relied on by the examiner.
3We also call attention to the sales brochure for the Bard
CardioPulmonary Support System (CPS™) submitted with the Information
Disclosure Statement (IDS) filed on Sep. 12, 1994 (Paper No. 2). Appellants
were advised by the examiner in the Office actions mailed July 24, 1995, Feb.
15, 1996 and Oct. 18, 1996 (Paper Nos. 9, 16 and 19, respectively) that the
reference had not been considered because it was undated. However, on June 30,
(continued...)
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