Ex parte KEVORKIAN et al. - Page 5




          Appeal No. 2000-1782                                                        
          Application No. 08/933,639                                                  

          § 112, second paragraph, rejection of claims 1 through 4, 7                 
          and 18.                                                                     
          II. The 35 U.S.C. § 103(a) rejection of claims 1 through 20 as              
          being unpatentable over Joyner in view of Saigne and Bright                 
               Joyner, the examiner’s primary reference, discloses an                 
          infant nursing bottle designed to prevent the buildup of                    
          negative pressure within the bottle during use.  To this end,               
          the bottle 10 includes a generally cylindrical, open-ended,                 
          plastic body 11, a nipple 12, a threaded ring 13 holding the                
          nipple over the top of the body, a disk-shaped microporous                  
          membrane 14, a pair of protective plastic grids 18 and 19                   
          sandwiching the membrane, and a threaded ring 16 holding the                
          membrane and grids over the bottom 15 of the body.  The                     
          microporous membrane, which preferably is made of a woven,                  
          teflon-based material (e.g., GORTEX®), contains more than one               
          billion pores per square inch and permits the passage of air,               
          but not liquid, under normal pressures.                                     
               As conceded by the examiner (see page 4 in the answer),                
          Joyner does not respond to the limitation in independent claim              
          1 requiring the vent to be made from a sintered macroporous                 
          substrate, or the corresponding limitations in independent                  

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