Ex parte FARRIS - Page 3




          Appeal No. 2000-0526                                                        
          Application No. 08/818,958                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a plungerless                     
          syringe (claims 1 and 4-8) and a method for sequestering gas                
          from therapeutic fluid and injecting therapeutic fluid using                
          the plungerless syringe (claims 2, 3, 9 and 10).  An                        
          understanding of the invention can be derived from a reading                
          of exemplary claims 1 and 2, which appear in the appendix to                
          the appellant's brief.                                                      
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Farris  (Farris I)       5,102,398                Apr. 7, 1992              
          Farris  (Farris II)           5,370,626                Dec. 6,              
          1994                                                                        
               The following rejections are before us for review.                     
          (1) Claims 2 and 10 stand rejected under 35 U.S.C. § 102(b)                 
          as being anticipated by Farris I.                                           
          (2) Claims 3 and 9 stand rejected under 35 U.S.C. § 103(a) as               
          being unpatentable over Farris I in view of Farris II.                      
          (3) Claims 1 and 4-8 stand rejected under 35 U.S.C. § 102(b)                
          as being anticipated by Farris I.                                           
          (4) Claims 1 and 4-8 stand rejected under 35 U.S.C. § 103(a)                
          as being unpatentable over Farris I.                                        
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