Ex parte RECHTIN - Page 6




          Appeal No. 95-3421                                                          
          Application 08/045,323                                                      


          ordinary skill to fix sleeve 26 of Hall away from the tip of                
          the needle prior to its first use; since the purpose of Hall's              
          apparatus is to allow a multitude of inoculations to be made                
          by the same needle in rapid succession, it is not evident what              
          would be gained by modifying it in this fashion.                            
               Accordingly, the rejection of claim 21 will not be                     
          sustained.  The rejection of claims 9, 11, 12, 14, 16 and 20,               
          which are more limited than claim 21 and are rejected over the              
          same combination of references, will likewise not be                        
          sustained.  We also will not sustain the rejections of claims               
          10, 13, 15, 17 and 18, since the additional references applied              
          thereagainst do not supply the deficiencies noted with regard               
          to the combination of Hall in view of Boese or Spier.                       


                                     Conclusion                                       
               The examiner's decision to reject claims 9 to 18, 20 and               
          21 is reversed.                                                             


                                      REVERSED                                        




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