Ex parte KRAHBICHLER et al. - Page 2




             Appeal No. 2000-0188                                                                                     
             Application No. 08/900,720                                                                               


                                                  BACKGROUND                                                          

                    Appellants’ invention relates to a device for identifying liquid anaesthetics using the           
             refractive index and temperature of liquid anaesthetic to determine the identity.  An                    
             understanding of the invention can be derived from a reading of exemplary claim 1, which                 
             is reproduced below.                                                                                     
                    1.      A device for use with an anaesthetic administration apparatus for identifying             
                    at least one liquid anaesthetic in said anaesthetic administration apparatus, said                
                    device comprising:                                                                                
                    means for determining at least one parameter related to a refractive index                        
                           of a liquid anaesthetic to be identified;                                                  
                    means for determining a temperature of said liquid anaesthetic to be                              
                           identified; and                                                                            
                    analysis means for identifying said liquid anaesthetic to be identified from                      
                           said at least one parameter at said temperature.                                           
                    The prior art references of record relied upon by the examiner in rejecting the                   
             appealed claims are:                                                                                     
             Shaw et al. (Shaw)                        3,282,149                   Nov. 01, 1966                      
             Harmer                                    4,433,913            Feb. 28, 1984                             
             Bobb et al. (Bobb)                        4,981,338                   Jan.  01, 1991                     
             Lekholm                                   5,730,119                   Mar. 24, 1998                      
                                                                            (filed Jan.  05, 1996)                    
                    Claims 1-4, 8 and 9 stand rejected under 35 U.S.C. § 103 as being unpatentable                    
             over Bobb in view of Harmer and Lekholm.  Claim 5 stands rejected under 35 U.S.C.    §                   




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