Appeal No. 95-2607
Application No. 07/990,098
through 11, stand withdrawn from further consideration by the
examiner.
The subject matter on appeal relates to a fluid transfer
device which includes a punch made of synthetic resin and having
dimensions said to enable the punch to be inserted through a
rubber stopper or cap of a tube containing fluid to be
transferred such as blood. Further details of this subject
matter are readily apparent from a review of illustrative
independent claim 1, a copy of which taken from the appellant’s
Brief is appended to this decision.
The reference relied upon by the examiner as evidence of
obviousness is:
Hein et al. (Hein) 2,514,576 Jul. 11, 1950
Claims 1 through 6 and 12 are rejected under 35 U.S.C.3
§ 103 as being unpatentable over Hein.
We refer to the Brief and Reply Brief and to the Answer for
a complete exposition of the respective viewpoints advanced by
3It is not apparent how the device of claim 1 is further
limited, in accordance with the fourth paragraph of 35 U.S.C.
§ 112, by the recitation in dependent claim 6 that “said fluid is
blood or blood sera.” The appellant and the examiner should
address and resolve this matter in any further prosecution that
may occur.
2
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