Appeal No. 1996-2215
Application No. 08/101,093
vented carbon dioxide gas by mixing the vented carbon dioxide
gas with oxygen before introducing said vented gas to the
culture medium.
4. Therefore, Arcuri does not cure the deficiencies of
Mori and Shimizu. Accordingly, we reverse the rejection of
claims 25 through 36 under 35 U.S.C. § 103 as unpatentable
over Mori in view of Shimizu and Arcuri.
V. CLAIM 16
Claim 16 is pending in the application. This claim,
however, does not stand rejected and is not before us on
appeal.
Based on the prosecution history of the application, it
appears that appellants intend to cancel claim 16. On return
of this application to the examining corps, appellants and the
examiner should clarify the status of claim 16. 2
2 Claim 16 was introduced in the amendment filed in Paper No. 29, filed
Nov. 24, 1992. Appellants proposed to cancel claim 16 and add claim 17 in the
amendment filed under 37 CFR 1.116(a) in Paper No. 31 filed on Jun. 3, 1993.
The examiner in the Advisory action, Paper No. 32, mailed Jul. 6, 1993,
indicated that the proposed amendment would be entered upon the filing of an
appeal. Appellants filed a continuation under 37 CFR § 1.62 on Aug. 3, 1993.
Appellants did not request entry of the proposed amendment in Paper No. 31,
but instead filed a preliminary amendment in Paper No. 36. In that amendment,
appellants canceled claims 4-5, 7-12 and “17," and added claims 18-25. Since
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