Appeal No. 1999-0512
Application No. 08/701,979
We reverse the rejection of claim 8 under 35 U.S.C.
§ 102(b).
Claim 8, dependent from claim 1, requires that the collar
be formed as a single member with the catheter.3
We share appellants’ point of view (main brief, pages 8
through 10 and reply brief, pages 2 and 3) that the Ryan
document does not teach an end cap (collar) formed as a single
member with the catheter, as now claimed. Contrary to the 4
examiner’s viewpoint, it is apparent to us that one skilled in
this art would simply not consider an end cap bonded to a
catheter, as disclosed by Ryan, as a teaching of an end cap
(collar) and catheter being formed as a single (one part)
member. It is for this reason that the rejection of claim 8
must be reversed.
3The word “single” has been defined as consisting of or
having only one part. Webster’s New Collegiate Dictionary, G.
& C. Merriam Company, Springfield, Massachusetts, 1979.
4It is worthy of noting that appellants’ own
specification (page 2) reveals the knowledge in the art, when
the present invention was made, of forming ring members
integral with a catheter.
10
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