Appeal No. 1996-2963 Page 5
Application 07/952,427
less than or equal to 6.3.” The representative claim does 2
not explicitly require that any portion of the container is
constructed of a non-PVC material.
Mohr (page 4) describes a method for inactivating viruses
using a dye such as methylene blue in the treatment of blood
in a blood bag. Mohr teaches a pH value between 5 and 8,
preferably between 6 and 8 (Mohr, pages 4 and 5), a disclosed
pH value overlapping the claimed range. Hence, as explained
by the examiner (answer, page 4), Mohr discloses a steam
sterilizable container (blood bag) containing an amount of
methylene blue solution corresponding to the herein claimed
therapeutically effective amount. According to the examiner
(answer pages 4 and 5), it would have been obvious to one of
ordinary skill in the art to select a methylene blue solution
with a pH corresponding to the herein claimed pH value of less
than or equal to 6.3 in light of Mohr’s disclosure of using pH
value ranges that are inclusive of pH values below 6.3. We
agree.
2We note that appealed claim 18, likewise, does not
specify non-PVC material not withstanding the argument of
appellants to the contrary (brief, page 10).
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