Appeal No. 1998-1786 Page 8
Application No. 08/486,150
[i]n some cases it may be desirable to draw a larger
sample of arterial or venous blood and for that purpose
the tapered bore of the body section 11a may be stepped
outwardly to provide an enlarged entrance portion 21b.
Bore portion 21b has a Luer taper similar to that of hub
cavity 18 and, consequently, is adapted to mate with the
Luer tip of a standard syringe.
Thus, White does teach a female luer fitting (i.e., bore
portion 21b) adapted to his housing. Accordingly, we sustain
the examiner's rejection of appealed claim 36, and claims 38
through 46 and 67 through 69 which fall therewith, under 35
U.S.C. § 103 since anticipation is the epitome of obviousness.
Since our rationale for affirming the examiner's
rejections under 35 U.S.C. § 103 is different from that of the
examiner, we denominate our affirmance a new ground of
rejection under 37 CFR § 1.196(b).
CONCLUSION
To summarize, the decision of the examiner to reject
claims 36, 38 through 46 and 67 through 69 under 35 U.S.C. §
103 is affirmed, however, for reasons explained supra, we have
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