Ex parte UTTERBERG - Page 5




          Appeal No. 2000-1995                                                        
          Application No. 08/850,277                                                  

          conventional “Y” and “T” connectors “pose serious problems                  
          inherent in their design in that they tend to subject the                   
          blood to hemolytic trauma.  For example, blood hemolysis                    
          results when blood and its components are exposed to excessive              
          turbulence, sharp corners and obstruction” (column 1, lines 19              
          through 24).  To overcome these problems, Reed proposes a                   
          bifurcated tubing connector 10 having three tubing couplings                
          16, 18 and 20 which are in parallel relation to one another                 
          (see Figure 2).                                                             
               In combining Utterberg and Reed to reject the appealed                 
          claims, the examiner concludes that it would have obvious to                
          one of ordinary skill in the art “to provide the tubing set of              


          Utterberg with the bifurcated connector of Reed, in order to                
          reduce the hemolysis of blood” (answer, page 5).                            
               The flaw in the examiner’s reasoning, however, is that                 
          neither reference indicates that hemolysis occurs in blood                  
          flow sets of the sort disclosed by Utterberg, let alone in the              
          particular area at issue where the saline and/or heparin                    
          branch lines connect with the blood flow tubing/conduit.                    
          Moreover, neither reference demonstrates any appreciation of                

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