Appeal No. 2001-2363
Application 09/073,022
stored in the vial (V) is permitted to flow from the vial to the
nozzle tip (22) of syringe (20) via holes (82) and the passageway
in body (71) of the plug or valve member, the plug/valve member
(72) will slidably move relative to and through a portion of the
bore in the stopper or link body (18 or 58) so that the holes
(82) are displaced with the lower end portion of valve member
(72) from the position seen in Figures 7 and 8 to a position
within the vial. Appellant has provided no explanation
whatsoever as to why this sliding movement of the plug or valve
member in Brony relative to and through the bore in the stopper
or link body (18 or 58) does not correspond to the slidable
movement of the plug broadly set forth in claim 21 on appeal.
As for dependent claim 22, this claim sets forth the step of
“extending said movable plug integrally across said bore to a
stopper surrounding said plug.” We understand this claim
language to require nothing more than that the plug be movable to
a position wherein the bore in the stopper is entirely closed off
by the plug integrally extending across the bore and contacting a
portion of the stopper surrounding the plug. As clearly seen in
Figures 7 and 8 of Brony this is exactly what the plug or valve
member (72) does in Brony when in the closed position.
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