Ex parte SPENCER - Page 2




          Appeal No. 2000-0605                                                        
          Application No. 08/803,779                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a container for use               
          in medical applications where a medical fluid is transferred                
          through tubing communicating with the container.  Claim 13 is               
          illustrative of the invention and is reproduced in the                      
          appendix to appellant's brief.                                              
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Hillier et al. (Hillier)           4,048,254           Sep. 13,             
          1977                                                                        
          Kobayashi et al. (Kobayashi)       4,670,510           Jun.  2,             
          1987                                                                        
          Mueller et al. (Mueller)           4,816,343           Mar. 28,             
          1989                                                                        
               The following rejections are before us for review.                     
          (1) Claims 2, 7-10 and 13-17 stand rejected under 35 U.S.C.                 
          § 103(a) as being unpatentable over Hillier in view of                      
          Kobayashi.                                                                  
          (2) Claims 2, 7-10 and 13-17 stand rejected under 35 U.S.C.                 
          § 103(a) as being unpatentable over Kobayashi in view of                    
          Mueller.                                                                    
               Reference is made to the brief and reply brief (Paper                  
          Nos. 13 and 15) and the answer (Paper No. 14) for the                       

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