Ex parte OLSON - Page 6




          Appeal No. 96-1819                                                          
          Application 08/112,151                                                      


          adapted for direct connection to the drainage tubing and “is                
          activated” to draw fluid from the wound.  This is simply                    
          inaccurate on its face.  That is, the vacuum source 14 is neither           
          “adapted for” direct connection to drainage tube 68 nor                     
          “activated” to draw blood when the outlet port is “adapted for              
          connection to transfusion tubing.”                                          
               In contradistinction to what is being claimed, the appellant           
          has actually disclosed three separate and distinct modes of                 
          operation.  A first mode, depicted in Figs. 1 and 4-6, wherein              
          the vacuum source 14 is in flow communication with the interior             
          of the collecting means so as to draw blood from the wound of a             
          patient.  A second mode, depicted in Fig. 3, wherein (1) the                
          vacuum source 14 is completely disconnected and disassociated               
          from the collecting means, (2) the interior of the collection               
          means is in fluid communication with ambient atmosphere via                 
          airway 24 and (3) the outlet port is connected to transfusion               
          tubing 74.  A third mode, depicted in Fig. 2 wherein the vacuum             
          source 14 is (1) adapted for direct connection to drainage tube             
          68 via male connector 50 and (2) activated to draw fluid from the           
          wound of a patient.                                                         
               In view of the foregoing, it is readily apparent that the              
          language in claims 8 and 10, when read in light of the                      

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