Appeal No. 2000-1444 Page 5
Application No. 09/040,245
Green makes no mention of pharmaceutical agents in human wastes, much less that the
disclosed device is for the purpose of containing and transporting them, and therefore,
while the disclosed apparatus may have the capability to perform the method, there is no
suggestion in the reference of doing so.
Held discloses an apparatus and method for processing medical waste. Held’s
objective is to “disinfect” medical waste (as defined in seven categories in lines 30-40 of
column 10), and then shred it and process it into a reclaimed, useable product (column 5,
line 63-column 11, line 61). Contrary to the statement of the examiner that this reference
specifically includes pharmaceutical agents in the list of medical waste, the fact of the
matter is that these words are not even present in the reference. Nor, in our opinion, is the
processing of pharmaceutical agents implied or inherent in the disclosure, whether
contained in or separate from human wastes, unless such inherently would occur in the
“disinfecting” process, a conclusion that is not supported by any evidence on the record.
Thus, as alleged by the appellant, neither of the references recognizes the problem
to which the appellant has directed his inventive efforts. Furthermore, given that neither
contains even a mention of pharmaceutical agents, we further agree with the appellant that
there is absolutely no basis upon which to rest a conclusion that the combined teachings of
the two references would have suggested the method recited in claim 1 to one of ordinary
skill in the art. This being the case, it is our opinion that the combined teachings of Green
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