Ex parte ALBERT J. JEHLE - Page 2




          Appeal No. 96-0957                                                          
          Application 08/138,359                                                      





                                 DECISION ON APPEAL                                   
                    Albert J. Jehle (the appellant) appeals from the final            
          rejection of claims 1, 6-11 and 23-27, the only claims remaining            
          in the application.  We reverse.                                            
                    The appellant’s invention pertains to a hypodermic                
          needle assembly.  Independent claim 24 is further illustrative of           
          the appealed subject matter and reads as follows:                           
                    24.  A hypodermic needle assembly comprising:                     
                    means providing a tube having a wall with a cylindrical           
          inner surface having a central axis, and having first and second            
          openings at opposite ends thereof; and                                      
                    a piston having first and second opposite faces, with a           
          hollow needle extending from the first face, a fitting on the               
          second face for disconnectible, fluid-tight attachment to a                 
          syringe, and means providing a passage within the piston for                
          fluid communication between the needle and the fitting, the                 
          piston being located within the tube and frictionally engaging              
          the cylindrical inner surface of the wall of the tube but being             
          axially slidable therein when subjected to an external force, the           
          piston being engaged with the cylindrical inner surface at least            
          at two axially spaced locations whereby the needle is held                  
          substantially parallel to the central axis of the cylindrical               
          inner surface of the wall of the tube as the piston slides along            
          the axis, the needle and piston being locatable entirely within             
          the tube, and axially movable to a position in which the needle             
          extends outward from the first opening of the tube while the                
          piston is inside the tube;                                                  
                    wherein the wall of the tube has portions which are               
          compressible inwardly against the piston by manual pressure                 

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