Ex Parte Wilkinson - Page 2

               Appeal  2007-2559                                                                          
               Application  10/228,798                                                                    

                     Claim 1 is representative and reads as follows:                                      
                     1.   A blood collection set comprising:                                              
                            a fixture for connecting said blood collection set to a receptacle;           
                            an intravenous needle assembly including a needle cannula                     
                     having a puncture tip; and                                                           
                            a flexible tube extending between said fixture and said needle                
                     assembly, said flexible tube having a first end connected to said                    
                     fixture and an opposed second end connected to said intravenous                      
                     needle assembly, said flexible tube including a plurality of helical                 
                     turns establishing a coiled structure.                                               
                     Thus, claim 1 is directed to a blood collection set comprising a                     
               connecting fixture, a needle assembly, and a flexible tube.  The flexible tube             
               includes a “plurality of helical turns establishing a coiled structure.”  As               
               stated by the Examiner, the term “coil” is defined as “(1): a series of loops              
               (2): SPIRAL” (Answer 5 (citing Merriam-Webster’s Collegiate Dictionary)).                  
               Although the term “coil” encompasses structures other than a spiral, as                    
               reflected by the alternative definition of a “coil” as “a series of loops,”                
               because the coil of claim 1 is established by a plurality of helical turns, we             
               interpret claim 1 to require a three-dimensional spiral.                                   
               2.  PRIOR ART                                                                              
                     The Examiner relies on the following references:                                     
                     Burns   US 5,192,275  Mar. 9, 1993                                                   
                     Vallelunga  US 5,921,969  Jul. 13, 1999                                              
               3.  ANTICIPATION                                                                           
                     Claims 1, 2, 4-8, 10-12, and 14-16 stand rejected under 35 U.S.C.                    
               § 102(b) as anticipated by Vallelunga.  The Examiner finds that:                           
                     Vallelunga discloses a blood collection set having a fixture 19                      
                     for  connecting  the  blood  connection  set  to  a  receptacle,  an                 

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