Ex parte POWLES et al. - Page 6




          Appeal No. 97-4459                                         Page 6           
          Application No. 08/421,063                                                  


          Accordingly, we will initially direct our attention to                      
          appellants' claim 1 to derive an understanding of the scope                 
          and content thereof.                                                        


               Claim 1 recites an aspiration needle comprising, inter                 
          alia, (1) a rigid elongate tubular member having a bore and an              
          opening at the distal extremity in communication with the                   
          bore, (2) a body secured to the proximal extremity of the                   
          tubular member and having a cell collection chamber therein                 
          and a hub proximal of the cell collection chamber for                       
          receiving a source of vacuum, and (3) the body having an                    
          enlarged portion adjacent the proximal extremity of the                     
          tubular member permitting magnified viewing of the cell                     
          collection chamber.                                                         


               The term permitting in the context as used in claim 1 is               
          capable of two distinct meanings.  The first is that the                    
          enlarged portion provides magnified viewing of the cell                     
          collection chamber.  The second is that the enlarged portion                
          allows  magnified viewing of the cell collection chamber                    








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