Appeal No. 1996-2645
Application 08/229,910
which may be numbered to assist the user in selecting a proper hole for administering an
injection of insulin. Secured to one edge of the material (12) are a pair of straps (20) and
(22). These straps are covered on both sides with a felt-like material that forms one half of
a connecting means sold under the trademark Velcro. The other half of the connectors are
mounted on support pads (24) and (26) attached to the other edge of the material (12) in
line with the straps (20) and (22). Gardiner teaches that in using the device (10), the
material (12) is placed over the forward part of a person’s thigh and the straps (20) and
(22) are wrapped around the person’s leg and are secured to the pads (24) and (26).
After the guide is placed on the leg, the proper hole is selected and the user administers
an injection to his/her thigh through the selected hole.
It is clear from the disclosure of Gardiner that the insulin injection guide is intended
to be repeatedly used by a person for daily injections of insulin by securing the device to
their thigh for an injection, pulling the straps apart so as to remove the device, and
reattaching the straps together around their thigh when it is time for the next injection. This
is clearly seen from the passage on lines 65-68 of column 2 in Gardiner:
While the guide 10 may not be placed on the user's leg in the exact position
each time it is utilized, the user will find that he positions the same in
substantially the same position each time the device is used.
The rejection is premised upon the reasoning that since adhesive layers for fixing a
planar sheet material to a surface are notoriously well known in the art, it would have been
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