Appeal No. 2007-0999
Application No. 10/600,280
(“removably”), the housing. The claim does not require the engaging
structure be part of the housing.
Claim 5
Claim 5 further comprises “additional means for attaching said
housing to said medical apparatus.” The phrase “for attaching said housing
to said medical apparatus” states a purpose and intended use of the attaching
means, rather than conferring a definite structural limitation. Consequently,
we do not interpret this phrase to further limit the attaching means.
DISCUSSION
Rejection under 35 U.S.C. § 112, second paragraph
The basis of the rejection is an obvious typographical error that
Appellants attempted to correct in an un-entered amendment filed after the
Final Rejection (Amendment filed Nov. 16, 2005). Appellants did not
otherwise address this rejection in their Brief. Accordingly, we affirm it.
Rejection under 35 U.S.C. § 103(a)
Claims 1-24 stand rejected under 35 U.S.C. § 103(a) as obvious over
Sigler in view of Briggs.
Sigler teaches a portable half-oval shaped disinfectant container for an
infant pacifier or nursing nipple (Abstract). The disinfectant container
comprises an absorptive sponge that is shaped to fit inside the lower part of
the container (Col. 1, ll. 59-61). The sponge may be saturated with a
sterilizing or non-toxic disinfectant solution (Abstract; Col. 3, ll. 8-10). The
sponge contains an opening slit cut into its central area to receive the pacifier
5
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