Ex parte GRIMM et al. - Page 6




          Appeal No. 1997-3797                                       Page 6           
          Application No. 08/121,820                                                  


          F.2d 1572, 1577, 221 USPQ 929, 933 (Fed. Cir. 1984).  And                   
          "teachings of references can be combined only if there is some              
          suggestion or incentive to do so."  Id.  Here, the applied                  
          prior art does not contain teachings for  a person having                   
          ordinary skill in the art at the time the invention was made                
          to have arrived at the claimed invention.                                   


               All the claims under appeal require automatically                      
          reading, via a bar code reader, a bar code of a bag holding a               
          blood product via software which automatically confirms by the              
          bar code if the bag is approved for medical treatment (i.e.,                
          irradiation), automatically performing medical treatment                    
          (i.e., irradiating the bag with ultraviolet radiation) if the               
          bag is approved but automatically terminating the process                   
          without medical treatment (i.e., no ultraviolet radiation) if               
          the bag carries a bar code indicating that the bag is not                   
          approved.  In our view, these limitations are not suggested by              
          the applied prior art.  In that regard, while Brown does teach              
          a hospital error avoidance system and Cooke does teach a bar                
          code label on a drug vial that interacts with bar code reader               
          and computer on a pump housing, these teachings do not teach                







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