Appeal No. 97-4459 Page 11
Application No. 08/421,063
of the needle 15 correctly enters the vein of a blood
examinee, blood flows into the middle hollow portion 17 of the
transparent support 16, so that the correct insertion of the
needle can be confirmed with unaided eyes.
Luther discloses an assembly of a needle and a device for
protecting the needle tip. As shown in Figure 1, the assembly
10 includes a rectangular, elongate housing 11 of clear
plastic and a needle 22. Luther teaches (column 1, lines 63-
66) that the clear plastic enables flashback to be readily
observed and that the housing includes a magnification
portion 13 to better enable
viewing blood flashback.
Rejection based on Sundberg and Suzuki
We will not sustain the examiner's rejection of claims 1
through 4 under 35 U.S.C. § 103 as being unpatentable over
Sundberg in view of Suzuki for the following reason.
The combined teachings of Sundberg and Suzuki fail to
teach or suggest providing Sundberg's body (i.e., housing 26)
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