Ex parte POYNTER et al. - Page 6




              Appeal No. 2000-1715                                                                   Page 6                 
              Application No. 08/925,053                                                                                    


              that his syringe provides virtually complete expulsion of the fluid contents, it seems to us                  
              that one of ordinary skill in the art would recognize that this is an important goal of virtually             
              any syringe, and it would appear from Figure 2 that complete collapse also will occur in the                  
              Drewe syringe.  In view of the foregoing, we fail to perceive any teaching, suggestion or                     
              incentive in either reference which would have led one of ordinary skill in the art to modify                 
              the Drewe construction so as to reverse the taper of the diameters of the bellows rings.                      
              This being the case, it is our conclusion that the combined teachings of the two applied                      
              references fail to establish a prima facie case of obviousness with regard to the subject                     
              matter recited in claim 13, and we will not sustain the rejection of this claim.                              
              Independent claims 14 and 15 contain the same limitation and therefore, for the same                          
              reason, we also will not sustain the standing rejections of those claims.                                     

























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