Ex parte ALBERT J. JEHLE - Page 7




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



          In use, the protruding needle 20 is inserted into the vein of a             
          patient and the end of the blood collection container 35 having             
          the penetrable closure 36 thereon is inserted into the receptacle           
          12 until the needle 22 penetrates the penetrable closure and the            
          resilient valve sheath 25 is compressed.  The cylindrical wall of           
          the receptacle 12 is also provided with a locking/holding means             
          in the form of an inwardly depressible tongue 26 that engages a             


          lip 38 which is formed on the closure 36 for the stated purpose             
          of (1) preventing the blood collection container 35 from being              
          pushed out of the receptacle 12 by the “spring force” of the                
          compressed valve sheath (column 3, lines 1-6), (2) insuring                 
          that there is an “uninterrupted blood draw” (column 3, lines 22             
          and 23) and (3) preventing injury to the patient by eliminating             
          the “constant inward pushing” of the blood collection container             
          35 (column 3, lines 35-40).                                                 
                    Thus, while both Feeney and Quaas both as a broad                 
          proposition disclose a locking/holding means, they function                 
          in an entirely different manner and are used in completely                  
          different types of devices.  Absent the appellant’s own                     
          teachings, we can think of no cogent reason why one of ordinary             


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