Appeal No. 1998-2381 Application No. 08/304,725 Claims 8 and 16, the only other claims in the application, stand withdrawn from consideration under 37 CFR § 1.142(b).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...) 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007