Appeal No. 2003-1783
Application No. 09/560,472
The references are relied upon by the examiner are:
Hubbell et al. (Hubbell) WO 98/47948 Oct. 29, 1998
Humphries, et al. (Humphries), “The use of graft copolymers to inhibit the adhesion of
bacteria to solid surfaces,” FEMS Microbiology Ecology, Vol. 45, pp. 297-304 (1987)
Claim Groupings
According to appellants, the claims do not stand or fall together and the claims
should be grouped as follows: (1) claims 5, 6, 8, 12, 61 and 64; (2) claims 13 and 14; (3)
claims 9, 10, 15, 16 and 18, and (4) claims 20-23 and 66. Reply Brief, page 3. We
decide this appeal with respect to the prior art rejections before us on the basis of
representative claims 1, 13, 15 and 20 as designated for each of the above noted
groups, respectively. In Young, 927 F.2d 588, 590, 18 USPQ2d 1089, 1091 (Fed. Cir.
1991).
Grounds of Rejection
Claim 5 stands rejected under 35 U.S.C. § 112, second paragraph, as being
incomplete and omitting essential steps.
Claims 5-6, 8-10, 12-18, 20-23, 61 and 64-66 stand rejected under 35 U.S.C. §
102(a) as anticipated by Hubbell.
Claims 5-6, 8-10, 12-18, 20-23, 61 and 64-66 stand rejected under 35 U.S.C. §
102(b) as anticipated by Humphries.
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