Ex parte LAUKS et al. - Page 6




          Appeal No. 1998-1786                                       Page 6           
          Application No. 08/486,150                                                  


          luer fitting (i.e., White's tip section 11b; see column 4,                  
          lines 24-27) to a male luer fitting.                                        


               However, for the reasons set forth below, it is our                    
          determination that White does teach a female luer fitting                   
          adapted to his housing.  A disclosure that anticipates under                
          35 U.S.C.                                                                   
          § 102 also renders the claim unpatentable under 35 U.S.C. §                 
          103, for "anticipation is the epitome of obviousness."  Jones               
          v. Hardy, 727 F.2d 1524, 1529, 220 USPQ 1021, 1025 (Fed. Cir.               
          1984).  See also In re Fracalossi, 681 F.2d 792, 794, 215 USPQ              
          569, 571 (CCPA 1982); In re Pearson, 494 F.2d 1399, 1402, 181               
          USPQ 641, 644 (CCPA 1974).                                                  


               White discloses a device for collecting, transporting,                 
          and delivering micro samples of blood.  As shown in Figures 1               
          and 2, the device 10 includes an adapter-handle 11, a needle                
          assembly 12, and a microcapillary tube 13.  These components                
          may be supplied to the user in assembled form as shown, or                  
          they may be supplied as separate parts to be assembled by the               
          user.  In either case, a suitable cover 14 should be attached               







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