Appeal No. 98-0177
Application No. 08/577,873
DECISION ON APPEAL
This is an appeal from the final rejection of claims 1,
2, 4 and 5. The only other remaining claim in the
application, claim 3, has been indicated as directed to
allowable subject matter.
The claimed invention is directed to a device for the
removal and disposal of a needle assembly from the barrel
sleeve of the trademarked VACUUTAINER blood sampling
apparatus.
Claim 1 reproduced below is further illustrative of the
claimed subject matter:2
1. A device for removal and disposal of a needle
assembly with a hub threadably engaging a threaded nipple of a
barrel sleeve of a body fluid specimen sampling assembly, said
hub having a lowermost portion comprising at least one flute
outstanding in a plane radial and longitudinal to the needle
of said needle assembly, said device comprising:
a disposal container closed by a lid upwardly thereon,
2In subparagraph 5 of claim 1, we note that the hub
wrenching member is described as extending substantially
horizontally partially across the perforation. With reference
to Figure 28, we note that the hub wrenching member 86 with
slot 85 extends across the perforation at an acute angle from
the horizontal. Therefore, we deem subparagraph 5 of claim 1
to be misdescriptive of the orientation of the wrench member.
The language of the claims should be corrected in any further
prosecution before the examiner.
3
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