Appeal No. 2000-0315
Application 08/671,983
with a plurality of drainage apertures through the base. A flexible elastomeric mat is
supported within the container upon supporting surfaces of drainage wells associated
with the drainage apertures. The drainage wells have surfaces which promote drainage
of liquids from the container (Appeal Brief, page 2, lines 15 – 24). A method of
sterilizing instruments using the apparatus is also claimed.
The Rejection of Claims 1-18 Under 35 U.S.C. §103(a) over Allen in view of Nichols
The Examiner has found that Allen teaches a sterilization container having a tray
formed with a grid of apertures, a base supporting a flexible elastomeric (and preferably
silicone rubber) mat having a plurality of instrument support fingers. The mat has a
plurality of apertures which coordinate with those in the tray. The tray further has raised
ribs to support the mat such that the circulation of the sterilant is not impeded. (Paper
No. 8, page 3, lines 3-8).
Nichols was found by the Examiner to teach a sterilization container formed of a
tray having a grid of apertures therethrough, the apertures being surrounded by a
domed surface to form a funnel to facilitate circulation of the sterilant by preventing
accumulation of condensate. (Examiner’s Answer, page 3, lines 9-12).
The Appellants initially attack the prima facie case of obviousness, stating that
there is no motivation for combining the references and the Examiner has relied upon
hindsight (Appeal Brief, page 5, lines 7 – 14). The Appellants also state that one of
skill in the art would not look to these references to make the combination (Appeal Brief,
page 5, lines 15 – 27). Additionally, the Appellants assert that even were one to make
the combination, it would not reach the claimed invention (Appeal Brief, page 6, line 27).
As we find this last point persuasive, we reverse.
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