Ex Parte NAZARIAN et al - Page 6




                    Appeal No. 2004-1546                                                                                             
                    Application No. 09/030,989                                                                                       


                    connector coupled to a perfusion system via a data line and a means for                                          
                    controlling or receiving signals over the data line.  Thus, the subject matter                                   
                    of claims 23 and 30 requires the adapter pod to manipulate the data                                              
                    transmitted through the adapter pod.  The Examiner asserts that Dias and                                         
                    Sites were cited for teaching a network of medical perfusion devices and                                         
                    that Omori was cited for teaching an adapter pod that acts as an                                                 
                    interface between a network and a slave device.  (Answer, p. 16).  We                                            
                    agree with Appellants, Brief page 12 and 15, that Dias and Omori do not                                          
                    disclose or suggest controlling or receiving signals over the data line as                                       
                    required by claims 23 and 30.  There is no indication that the data                                              
                    transmitted through the adapter of Omori is manipulated by the adapter.                                          
                    Here again, the Examiner did not rely on the Sites and Schenk references                                         
                    for teaching these limitations of the claimed invention.                                                         
                            For the reasons presented above and in the brief, we reverse the                                         
                    rejection of claims 16 to 38 under 35 U.S.C. § 103(a) as unpatentable over                                       
                    the combined teachings of Dias and Omori together or in combination                                              
                    with Sites and Schenk.                                                                                           




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