Ex parte DEBRAUWERE et al. - Page 4




          Appeal No. 1996-2963                                       Page 4           
          Application 07/952,427                                                      


          claims 1-22 under 35 U.S.C. § 103 as being unpatentable over                
          the respectively applied prior art for substantially those                  
          fact findings and conclusions set forth in the answer and as                
          further discussed below.  However, we will not sustain the                  
          examiner's § 103 rejection of claim 31.  Our reasons follow.                
                        Rejection of Claims 1-7, 9 and 11-22                          
               Appellants have not grouped the claims separately with                 
          respect to this ground of rejection, nor have appellants                    
          provided arguments for the separate patentability of the                    
          claims in accordance with 37 CFR §§ 1.192(c)(7) and                         
          (c)(8)(iv)(1995).  Therefore, we need only consider the                     
          propriety of the examiner's rejection of independent claim 16,              
          which we select as a representative claim for purposes of                   
          deciding this appeal with respect to this ground of rejection.              
          See 37 CFR § 1.192(c)(7) (1995); In re Nielson, 816 F.2d                    
          1567, 1571, 2 USPQ2d 1525, 1527 (Fed. Cir. 1987); In re Wood,               
          582 F.2d 638, 642, 199 USPQ 137, 140 (CCPA 1978).                           
               Representative claim 16 is drawn to a steam sterilizable               
          system including “a container having a therapeutically                      
          effective amount of a methylene blue solution that has a pH of              


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