Ex parte MARTIN - Page 3




          Appeal No. 96-0953                                                          
          Application 08/014,682                                                      


                    In reaching our conclusion on the obviousness issue               
          raised in this appeal, this panel of the board has carefully                
          considered appellant's specification and claims, the applied                
          references, and                                                             
          the respective viewpoints of appellant and the examiner.  As a              
          consequence of our review, we make the determination which                  
          follows.                                                                    
                    We cannot sustain the examiner's rejection under 35               
          U.S.C.                                                                      
          § 103.                                                                      


                    Independent claim 1 is drawn to a self-locking blood              
          collecting device comprising, inter alia, a needle guard provided           
          with an elongated alignment groove extending a distance inwardly            
          from a forwardmost end of the needle guard to allow alignment of            
          the needle guard in relation to a vein of a patient. Similarly,             
          independent claim 17 addresses a self-locking blood collecting              
          device                                                                      
          comprising, inter alia, a needle guard provided with an elongated           
          groove extending a distance inwardly from the forwardmost tip of            


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