Appeal No. 2000-0605
Application No. 08/803,779
film pouch for containing medical fluids to limit the
migration of extractables from the outer layer, to (1) add a
high molecular weight stabilizer to the Kobayashi composition
to limit the extractables and (2) use the modified Kobayashi
composition to construct medical containers of the type
discussed by Mueller (answer, page 4). We find no such
suggestion.
In particular, we see no teaching or suggestion in either
Kobayashi or Mueller to use the particular composition taught
by Kobayashi in a container or pouch for administration of
medical fluids. Likewise, in the absence of any teaching or
suggestion to use the Kobayashi composition in an environment
where migration of extractables is a problem, it is not
apparent to us why one of ordinary skill in the art would have
been motivated to blend a high molecular weight stabilizer in
the Kobayashi composition.
In light of the above, we also shall not sustain the
examiner's rejection of claim 13, or of claims 2, 7-10 and 14-
17 which depend from claim 13, as being unpatentable over
Kobayashi in view of Mueller.
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