Ex parte POYNTER et al. - Page 2




                   Appeal No. 2000-1715                                                                                               Page 2                        
                   Application No. 08/925,053                                                                                                                       


                                                                      BACKGROUND                                                                                    
                   The appellants’ invention relates to a compressible syringe.  The claims on appeal have                                                          
                   been reproduced in the appendix to the appellants’ Brief.                                                                                        
                   The prior art references of record relied upon by the examiner in rejecting the appealed                                                         
                   claims are:                                                                                                                                      
                   Drewe                                           3,473,524                                       Oct. 21, 1969                                    
                   Sneider                                         4,262,669                              Apr. 21, 1981                                             
                                                                                                                                                                   
                   Claims 13-15 stand rejected under 35 U.S.C. § 103 as being unpatentable over Drewe                                                               
                   in view of Sneider.1                                                                                                                             
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and the                                                                
                   appellants regarding the above-noted rejection, we make reference to the Answer (Paper                                                           
                   No. 18) for the examiner's complete reasoning in support of the rejection, and to the Brief                                                      
                   (Paper No. 17) for the appellants’ arguments thereagainst.                                                                                       
                                                                           OPINION                                                                                  
                   In reaching our decision in this appeal, we have given careful consideration to the                                                              
                   appellants’ specification and claims, to the applied prior art references, and to the                                                            
                   respective positions articulated by the appellants and the examiner.  As a consequence of                                                        
                   our review, we make the determinations which follow.                                                                                             


                            1A rejection of claims 13-15 under 35 U.S.C. § 112, second paragraph, was                                                               
                   withdrawn by the examiner in the Answer (page 4).                                                                                                







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