Appeal No. 2001-2669
Application 09/043,950
desired extent of insertion can be achieved without
difficulty. FIG. 2 shows one adjuster in solid lines
and an alternative adjuster in chain lines which would
restrict the extent of penetration of the needle to 4
mm. The solid line adjuster 15 would allow penetration
up to 8 mm [column 2, lines 5 through 29].
Anticipation is established only when a single prior art
reference discloses, expressly or under principles of inherency,
each and every element of a claimed invention. RCA Corp. v.
Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir. 1984). In other words, there must be no
difference between the claimed invention and the reference
disclosure, as viewed by a person of ordinary skill in the field
of the invention. Scripps Clinic & Research Found. v. Genentech
Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed. Cir. 1991).
As indicated above, claim 1 requires the needle assembly
recited therein to comprise a needle and a hub having a center
portion securing the needle in the hub, wherein “said needle has
an injection part projecting axially from said center portion and
terminating in a skin piercing obliquely cut end, where the
length of the injection part lies in the interval 4-6 mm.” The
appellants’ specification explains that the 4-6 mm length reduces
the risk of off-target injections intended for the sub-cutis
layer, and also enables the use of thin and thin walled needles
4
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