Appeal No. 1999-0757
Application No. 08/699,083
No. 96-2889) was taken in parent Application 08/183,110, filed
January, 18, 1994, but was terminated before decision due to the
express abandonment of the application.
THE INVENTION
The invention relates to “two-part coupling members with a
first part including a pre-slit septum and a second part
including a blunt cannula. The pre-slit septum slidably receives
the blunt cannula to effect the coupling” (specification, page
1). A copy of appealed claims 17 through 19, 32, 36 and 39
through 44 appears in the appendix to the appellants’ brief
(Paper No. 72).1
THE EVIDENCE
The items relied on by the examiner as evidence of
obviousness are:
Garrett et al. (Garrett) 4,197,848 Apr. 15, 1980
Buehler 4,610,374 Sep. 9, 1986
The items relied on by the appellants as evidence of non-
obviousness are:
The 37 CFR § 1.132 Affidavit of Thomas E. Dudar, filed January
18, 1994 (part of Paper No. 45; copy attached to the brief as
Exhibit C).
1 The recitation in claims 32 and 42 that the distal end
region of the tube extends beyond the “injection site” appears to
be inconsistent with the underlying disclosure which seems to
indicate that the distal end region extends beyond the pre-slit
sealing means of the injection site, not the injection site
itself.
2
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