Appeal No. 97-2884
Application 07/824,855
not complementary to the bottom contour 20 of shell 11. This
bottom contour 20 defines an annular pocket 26 for
accommodating a fluid bladder 35 as the piston 41 presses the
bladder to expel fluid therefrom (see Figure 2; column 2,
lines 1 through 27 and 60 through 68; and column 4, lines 45
through 58). The examiner’s reliance on Gangemi to cure these
shortcomings in Cohen and Malacheski is not well taken.
Gangemi discloses an infusion syringe 10 comprising a
piston member 20 and a cylinder bore 11. The nose end 20a of
the piston member is tapered and configured to the geometrical
shape of the end 12 of the bore to ensure the full discharge
of fluid from the bore (see column 3, lines 27 through 29; and
column 7, lines 59 through 62). According to the examiner,
[t]o employ a platen, i.e. piston, having a non-
planar bottom surface complementary to the bottom
contour of the second shell as taught by Gangemi on
either the Cohen or Malacheski et al device would
have been obvious to one of ordinary skill in the
art in view of the recognition that such a feature
would be more economically efficient, i.e. effects
full discharge, and that economic efficiency is
desirable in any device [Paper No. 23, page 5].
Notwithstanding the “full discharge” benefit taught by
Gangemi, the modification of the Cohen and Malacheski devices
proposed by the examiner would have been problematical given
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Last modified: November 3, 2007