Appeal No. 1996-3582
Application No. 07/828,083
The following rejections are before us:
I. Claims 1-13 stand rejected for obviousness under
35 U.S.C. § 103 in view of Morishita.
II. Claims 1-13 stand rejected under 35 U.S.C. §
112, paragraph 2, for indefiniteness . 1
We first consider the rejection under 35 U.S.C. § 103.
Based on the record before us, we agree with appellants
essentially for the reasons presented in their Brief and Reply
Brief that the examiner has failed to establish a prima facie
case of obviousness. Accordingly, we shall reverse the
subject rejection.
We are of the view that appellants have correctly pointed
out the limitations of the Morishita disclosure. As
adequately explained by appellants, there is no suggestion in
Morishita to do what appellants have done, namely to construct
multilayer medical grade tubing with two layers composed of
specific polymer blends, and which does not include PVC or
DEHP in its layered structure. In this regard, we recognize
that some of the Morishita examples (Figures 4 and 8) may
1The 35 U.S.C. § 112 rejection was applied as a new ground
of rejection in the examiner’s Answer.
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