Appeal No. 98-0177
Application No. 08/577,873
wrenching member is described in mere functional language as
operating "so that the needle assembly may be removed from the
barrel sleeve by rotation of said sleeve." Thus, claim 1 does
not require the removed needle to drop into the container.
Therefore, even if the functional language of claim 1 is given
weight, it does not require the function that appellants have
premised their impossibility argument upon. And, it is again
noted that appellants have provided no evidence of the alleged
impossibility.
SUMMARY
For the foregoing reasons, the rejections of claims 1, 2,
4 and 5 under 35 U.S.C. § 102(b) and the judicially-created
doctrine of obviousness double patenting are affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
IAN A. CALVERT )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
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