Ex parte MARTIN - Page 4




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


          the needle guard to allow alignment of the needle guard in                  
          relation to a vein of a patient.                                            
                    We understand the above limitations, read in light of             
          the underlying disclosure (specification, page 5), as requiring an          
          elongated alignment groove starting at the forwardmost end or tip           
          of the needle guard and extending a distance inwardly therefrom.            
          This reasonable understanding comports with the showing in the              
          drawing (Figures 2 through 4), as well as with appellant's point            
          of view on the matter (brief, page 5).                                      
                    Turning to the applied prior art, considered as a whole,          
          we find an absence therein of an elongated alignment groove                 
          starting at the forwardmost end or tip of a needle guard and                
          extending a distance inwardly therefrom, as well as a lack of any           
          suggestion therefor.                                                        




                    Accordingly, while we share the examiner's point of view          
          as to the combinability of the applied patents, a position not              
          disputed in the brief (page 5), we agree with appellant, as                 
          indicated above, that the combination of the references relied              
          upon would not effect the claimed self-locking blood collecting             
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