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Ex parte RECHTIN - Page 2Legal Research Home > Board of Patent Appeals and Interferences > 1997 > Ex parte RECHTIN - Page 2
Appeal No. 95-3421
Application 08/045,323
the application, stand withdrawn from consideration as being
directed to a nonelected invention. 37 CFR § 1.142(b).
Claim 21 is representative of the appealed subject mater,
and reads:
21. An article of manufacture for disinfecting a medical
sharp for use on a patient, comprising:
a medical sharp having a syringe housing and coupled
needle with a tip; and
a disinfectant housing means integrally coupled to said
syringe housing, said disinfectant housing means for holding
disinfectant and including a disinfectant reservoir and a
reservoir sleeve in communication with said reservoir, said
reservoir sleeve of said disinfectant housing means being
initially held fixed apart from the tip before use of said
needle and after use of said needle said reservoir sleeve is
displaceable away from said syringe housing to at least
partially enclose said needle, including the tip, and said
needle and the tip remain in their fixed positions relative to
said syringe housing before and after use of said medical
sharp.
The references applied by the examiner in the final
rejection are:
2(...continued)
6), the examiner included claim 19 as one of the “claims
rejected” in part 3 of the Advisory Action of August 22, 1994
(Paper No. 9), and as one of the claims under rejection in the
examiner's answer. However, in view of the indication in
Paper No. 9 that the proposed amendment would be entered upon
the filing of an appeal, we will consider claim 19 as having
been cancelled.
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