Ex Parte Barber - Page 2




               Appeal No. 2003-0653                                                                       Page 2                  
               Application No. 09/861,268                                                                                         


                                                       BACKGROUND                                                                 
                      The appellant's invention relates to a blade for singulating a D-shaped blunt for                           
               a needle (claims 11 to 14 and 22 to 24) and an apparatus for fabricating a needle                                  
               assembly having a needle and a blunt which fits within a cannula of said needle (claims                            
               15 to 18 and 25 to 27).  A copy of the claims under appeal is set forth in the appendix                            
               to the appellant's brief.                                                                                          


                      Claims 11 to 14 and 22 to 24 stand rejected under 35 U.S.C. § 102(a) as being                               
               anticipated by the appellant's admission of prior art (specification, pages 3-4; Figures                           
               1, 2A and 2B) relating to an apparatus for singulating blunts (Admitted Prior Art).                                


                      Claims 15 to 18 and 25 to 27 stand rejected under 35 U.S.C. § 103 as being                                  
               unpatentable over the Admitted Prior Art in view of U.S. Patent No. 4,375,8541 to                                  
               Hedel.                                                                                                             


                      Rather than reiterate the conflicting viewpoints advanced by the examiner and                               
               the appellant regarding the above-noted rejections, we make reference to the answer                                
               (Paper No. 16, mailed September 26, 2002) for the examiner's complete reasoning in                                 


                      1 Issued March 8, 1983.                                                                                     







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