Appeal No. 96-4107
Application No. 08/368,262
Harrison. Claim 4 is directed to an apparatus comprising a
compressible bag of fluid having a self-sealing outlet and a
connector having a spiked end for mating with the bag and a
nozzle end sized and shaped like a syringe tip such that it
can friction fit inside the hub of an IV catheter. Claim 5
adds an IV catheter attached to the nozzle end.
We have discussed both of these references above. As we
there stated, neither discloses a connector with a nozzle end
that meets the limitations of the claim. Nor, in our view,
would the teachings of the two references, considered
together, have provided suggestion to one of ordinary skill in
the art to so modify the Harvey connector. Such would appear
to reside only in the hindsight accorded one who first viewed
the appellant’s disclosure. This, of course, is an
impermissible basis for a rejection. See In re Fritch, 972
F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed. Cir. 1992). The
rejection of claims 4 and 5 is not sustained.
Claims 6 and 9 stand rejected as being unpatentable over
Harvey and Harrison, taken further in view of Sozuki, cited
for its teaching of attaching a nasogastric tube to a
connector that also has another use. Both of these
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