Ex parte MORSE - Page 5




          Appeal No. 96-4107                                                          
          Application No. 08/368,262                                                  




               Common to all of the claims is the requirement that the                
          connector have a spiked end to mate with the outlet of a                    
          compressible bag of sterile solution and a nozzle end of such               
          size and shape as to friction fit inside the hub of an IV                   
          catheter.  It immediately strikes us that if “connector” is                 
          given its broadest interpretation, that is, any device that                 
          connects one object to another, all of the subject matter of                
          some of the claims, and significant portions of others, reads               
          on a conventional IV tubing set, which has on one end the                   
          required spike and on the other end the required nozzle.                    
          However, it is clear from the appellant’s disclosure that this              
          is not what is intended; the appellant actually intends that                
          “connector” have a much more limited scope, which does not                  
          read on conventional IV tubing sets.  This conclusion is                    
          supported in the specification.  Early on, appellant                        
          acknowledges that conventional IV tubing sets and catheters                 
          have been used with compressible bags of fluids to irrigate                 
          wounds.  He then explains that this arrangement suffered from               
          several disadvantages, including not allowing the user to                   
          easily provide sufficient force to the stream of irrigation                 
                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007