Ex parte FARRIS - Page 13




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


          at the time of the appellant's invention to compress the                    
          tubular connection 22a forming the passage 24 in the syringe                
          of Farris I to seal the chamber 22 from the container 12,                   
          after urging any trapped air into the chamber, to remove any                
          risk that air will be injected therefrom.                                   
               For the foregoing reasons, we shall sustain the                        
          examiner's rejection of claim 3 as being unpatentable over                  
          Farris I in view of Farris II.                                              
               Claim 9 depends from claim 3 and further recites, as                   
          interpreted, supra, the body portion having a wide central                  
          portion tapering both towards the outlet and gas passageway.                
          As clearly illustrated in Figures 2 and 3, the body (container              
          12) of Farris I is formed with a wide central portion which                 
          tapers towards the outlet (tip 18a) and towards the gas                     
          passageway (passage 22a) (note column 3, lines 25-29 and 39).               
          Accordingly, we shall also sustain the examiner's rejection of              
          claim 9 as being unpatentable over Farris I in view of Farris               
          II.                                                                         
                               Rejections (3) and (4)                                 




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