Appeal No. 96-0570
Application No. 08/101,989
with regard to the propriety of the rejection of the claim as
it presently stands.
The Rejection Under Section 102
The arguments raised by the appellants in the Request for
Rehearing are essentially the same as those presented in the
Brief. We have considered them in detail. However, we see no
need to further explain or alter the position we expressed on
pages 6-8 of our decision.
The Rejection Under Section 103
We stand by the explanation we presented on pages 9 and
10 of our decision, in which we treated the issues which the
appellants have raised in the Request for Rehearing. With
regard to the argument that we have taken liberties in our
interpretation of the phrase “a fixed dimension infusion
zone,” we point out that if the limitations in the
specification were required to be read into the claims there
would be no need for claims and no basis for the requirement
of 35 U.S.C. § 112 that the specification conclude with claims
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