Appeal No. 1997-2512
Application No. 08/118,905
Other Issue(s)
The English language abstract of French patent publication FR 2,686,2475
discloses:
“The container consists of a narrow tube (1), open at both ends (11,12),
which may be sealed at one or both ends by a film of plastics material (4,4’).
The film is secured to the external side walls of the tube by adhesive or thermal
treatment.
The film is of a material and thickness such that it is easy to pierce, and
extends for a small longitudinal distance along the tube walls. The tube contains
a biological or medical substance and/or a gas, typically an inert gas.”
The substance may be animal semen for artificial insemination.
It appears from the English language abstract that this French reference may
anticipate or render obvious the subject matter of the claims on appeal. Upon return of this
application, the examiner should obtain a full English translation of FR 2,686,247 to
consider the reference in its entirety to determine whether the French patent publication as
a whole anticipates or would have rendered obvious the claimed subject matter on appeal.
Summary
The examiner’s rejection of claims 12 and 13 under 35 U.S.C. § 102(b) as
anticipated by Whittaker is reversed.
The examiner’s rejections of claims 14 and 15 under 35 U.S.C. § 103 as
unpatentable over Frenkel in view of Whittaker or Frenkel in view of Cassou are reversed.
5 Although the Supplemental Information Disclosure Statement filed February 13, 1995
appears to comply with the requirements of 37 C.F.R. §§ 1.97 and 1.98, the examiner crossed out
FR 2,686,247 from the PTO-1449 form and did not consider it. Therefore, FR 2,686,247 is not
officially of record.
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