Appeal No. 1999-0510
Application No. 08/728,787
a woven mesh material adapted to receive a
sterilizing medium, said woven mesh material
having a proximal end and a distal end; and
a body portion between the proximal and
distal ends, the body portion having a desired
thickness with a plurality of openings therein
through which said sterilizing medium
circulates, the body portion being flexible and
having a continuous length such that the body
portion is folded upon itself in a serpentine
pattern so that the body portion is interposed
between layers of articles to maintain
separation between the layers of articles, and
said flexible body conforming to the thickness
of the various layers of articles as said body
is folded upon itself, and the sterilizing
medium circulates through the openings and
sterilizes the articles.
This claim does not comply with the first paragraph of § 112
in that there is no written description in the application as
filed of the body or body portion of the woven mesh material
being "folded upon itself," as recited in lines 6 and 9. 1
Appellant argues in the reply brief, page 2, that this
expression means that the body is "folded ’on’ or contacting
itself," and that this is neither disclosed nor suggested by
Santi or Mock.
1References herein to line numbers of claims are to the
lines of the claims as reproduced in Appendix A of appellant’s
brief.
3
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