Appeal No. 97-4459 Page 3
Application No. 08/421,063
BACKGROUND
The appellants' invention relates to an aspiration
needle. An understanding of the invention can be derived from
a reading of exemplary claim 1, which appears in the appendix
to the appellants' brief.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Luther et al. (Luther) 4,762,516 Aug. 9,
1988
Sundberg 5,494,044 Feb. 27,
1996
(effectively filed Dec. 23,
1991)
Suzuki et al. (Suzuki) 5,520,193 May 28,
1996
(filed Feb. 22,
1994)2
2According to the appellants, this application is a
continuation-in-part of Application No. 08/228,551, filed
April 15, 1994, which was continuation-in-part of Application
No. 08/049,998, filed April 20, 1993. We note, however, that
the appellants have not argued that these prior applications
are sufficient under 35 U.S.C. § 120 to remove Suzuki as prior
art.
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