Ex Parte Lake et al - Page 1



                    The opinion in support of the decision being entered today was not written        
                            for publication and is not binding precedent of the Board.                
                    UNITED STATES PATENT AND TRADEMARK OFFICE                                         
                                             __________                                               
                          BEFORE THE BOARD OF PATENT APPEALS                                          
                                      AND INTERFERENCES                                               
                                             __________                                               
                                  Ex parte ROBERT F. LAKE Jr. and                                     
                                      JEFFREY S. TENNANT                                              
                                             __________                                               
                                          Appeal 2007-0999                                            
                                       Application 10/600,280                                         
                                      Technology Center 1700                                          
                                             __________                                               
                                             ON BRIEF                                                 
                                             __________                                               
              Before MILLS, GREEN, and LEBOVITZ, Administrative Patent Judges.                        
              LEBOVITZ, Administrative Patent Judge.                                                  

                                      DECISION ON APPEAL                                              
                    Claims 1-24 are on appeal.  We have jurisdiction under 35 U.S.C.                  
              § 6(b).  We affirm-in-part, but designate it as a new grounds of rejection.             
                                    STATEMENT OF THE CASE                                             
                    This appeal involves claims to a device and method for                            
              decontaminating a medical apparatus.  Claims 1-24, all the pending claims,              
              are on appeal (Br. 2).  The claims stand finally rejected under 35 U.S.C.               
              § 112, second paragraph, and 35 U.S.C. § 103(a).  The following prior art               
              references are relied upon by the Examiner as evidence:                                 




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