Ex parte DALKE et al. - Page 2





                     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                     stand withdrawn from consideration under 37 CFR § 1.142(b).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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