Appeal No. 96-3693
Application 08/360,109
DECISION ON APPEAL
This is an appeal from the final rejection of claims 1
to 5. Claims 6 to 11, the other claims in the application, stand
withdrawn from consideration under 37 CFR § 1.142(b) as being
directed to a nonelected species.
The claims on appeal are drawn to a hypodermic needle
and syringe assembly, and are reproduced in the appendix to
appellants' brief.
The reference applied in the final rejection is:
Bloch 3,354,881 Nov. 28, 1967
Claims 1 to 5 stand finally rejected under 35 U.S.C.
§ 102(b) as anticipated by Bloch.
"To anticipate a claim, a prior art reference must
disclose every limitation of the claimed invention, either
explicitly or inherently." In re Schreiber, 128 F.3d 1473, 1477,
44 USPQ2d 1429, 1431 (Fed. Cir. 1997). Appellants have argued
that claims 1 to 5 are not anticipated by Bloch, because Block
does not disclose (1) a needle cover adhered to a syringe, or
(2) a single bodied needle cover. Both of these limitations are
2
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