Ex parte MCNAMARA - Page 7




          Appeal No. 96-2266                                                          
          Application 08/156,794                                                      


          the claims.  As appellant points out at page 21 of his brief,               
          when the plug 20 (and needle 11) are removed from catheter hub              
          16, “blood can leak from the device until the proper equipment              
          is connected.”  The combination of Christian and Thomas would               
          not, therefore, meet the limitation of parent claim 1 that the              
          connecting means is “fluidically sealed and self-sealing . . .              
          at all times during installation and operation of the                       
          apparatus,” nor of claim 36 that “liquid based material is                  
          prevented from escaping from the apparatus . . . during                     
          installation and operation of the apparatus.”                               
               We note that claim 36 also recites “a self-sealing                     
          diaphragm fixedly attached to the second end [of the hollow                 
          central portion to which the catheter is sealingly fixed],”                 
          and “N side ports extending from said central portion.”  These              
          limitations would clearly not be met if the examiner’s                      
          proposed combination is to position the Thomas needle and                   
          catheter through Christian’s valve 11, because the recited                  
          “hollow central portion” would be Thomas’ hub 16, which has no              
          diaphragm valve or side ports.  If the examiner intended to                 
          state that it would have been obvious to insert Thomas’ needle              
          through valve 11 of Christian, utilizing Christian’s tube 42                

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