Appeal No. 95-2580
Application 08/110,958
replacement for the cylindrical section 106 of Hansen Fig. 4),
we are of the opinion that this modification of the Hansen
ampule would result in an ampule like that set forth in
appellant’s claim 1 on appeal, wherein at least one, if not
all, of the four
grooves/channels would be “spaced from said longitudinal
middle plane” of the ampule defined by the separation plane of
the mold in which the ampule is formed. In this regard, note
appellant’s argument on page 13 of the brief re: claim 2,
wherein appellant urges that the combination of Hansen and
Rose would result in passages being located at 45 degree
angles to the longitudinal middle plane.
Regarding dependent claims 12 through 14 on appeal,
we note that Figures 1 and 2 of the Hansen patent appear to be
identical to Figures 1 and 2 of the present application with
respect to the external appearance of the depicted ampules,
and thus the Hansen patent clearly includes the planar flange
of appellant’s claim 12 and an arrangement thereof which
circum- scribes the ampule body and neck as in claims 13 and
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