Ex parte KELSON et al. - Page 4




          Appeal No. 98-0177                                                          
          Application No. 08/577,873                                                  


          the lid comprising                                                          
               a plate member covering an opening in the disposal                     
          container,                                                                  
               a perforation through the plate member,                                
               a hub wrenching member carried by the plate member                     
          extending substantially horizontally partially across the                   
          perforation positioned to engage the radially extending side                
          of the flute of the needle assembly when placed downwardly                  
          thereinto, so that said needle assembly may be removed from                 
          the barrel sleeve by rotation of said sleeve; and                           
               means carried by the lid for supporting the barrel sleeve              
          vertically aligned with the lid perforation and the flute                   
          engaging wrenching member.                                                  
               The following reference is cited by the examiner as                    
          evidence of anticipation:                                                   
          Thead et al. (Thead)       4,986,811         Jan. 22, 1991                  
                                     REJECTIONS                                       
               Claims 1, 2, 4 and 5 stand rejected under 35 U.S.C. §                  
          102(b) as anticipated by Thead.  According to the examiner,                 
          Thead discloses a device for the removal of a needle                        
          comprising a container 12, a plate member 29, means 31 for                  
          supporting the barrel sleeve, and a hub wrenching member gears              
          61, 62.  These gears, according to the examiner, define a                   
          forked member.                                                              
               Claims 1, 2, 4 and 5 stand rejected under the judicially-              
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