Ex Parte DAUM - Page 3



            Appeal No. 2001-2074                                                                      
            Application 08/552,143                                                                    


                                             REJECTIONS                                               
                        Claims 1 through 5 and 8 stand rejected under 35 U.S.C.                       
            § 103 as unpatentable over Daum.  According to the examiner, Daum                         
            discloses an outer straight tube or cannula, middle interior tube                         
            which is of superelastic material and normally curved, and an                             
            inner stylet tube.  The examiner takes official notice of the                             
            fact that bevelled medical instruments are known in the art.  The                         
            examiner is of the opinion that it would have been obvious to                             
            bevel the outer and middle tubes of Daum to reduce injection site                         
            tissue trauma.                                                                            
                        Claims 9 through 18 stand rejected under 35 U.S.C.                            
            § 103 as unpatentable over Daum in view of Hillstead.  The                                
            examiner is of the opinion that Hillstead shows handles on the                            
            proximal end of the tube and the use of a stopper device.  The                            
            examiner is of the opinion that it would have been obvious to                             
            provide Daum with handles for the tubes of Daum and to provide a                          
            stopper device in the Daum invention.                                                     

                                              OPINION                                                 
                        We have carefully reviewed the rejections on appeal in                        
            light of the arguments of the appellant and the examiner.  As a                           
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