Appeal No. 1999-0757
Application No. 08/699,083
aperture in the distal end of its distal end region or an
aperture which is circumscribed and defined, at least in part, by
a radiused tip.
Independent claim 41 now recites a cannula insertion member
comprising, inter alia, a tube having a distal end region
terminating in an aperture and including a blunt radiused tip and
a tapered surface. Garrett’s cannula does not have a distal end
region with blunt radiused tip or a tapered surface. Buehler’s
cannula includes a distal end region having a blunt radiused tip
and a tapered surface, but the distal end region does not
terminate in an aperture.
Independent claim 42 now recites a cannula and injection
site in combination comprising, inter alia, a blunt cannula
having a tube with a distal end region having a tapered surface
and defining an aperture at an extreme distal end thereof.
Garrett’s cannula does not have a distal end region with a
tapered surface. Buehler’s cannula has a distal end region with
a tapered surface, but no aperture at the extreme distal end
thereof.
The examiner has not cogently explained, nor is it apparent,
how or why the combined teachings of Garrett and Buehler would
have suggested the selective mix of the various prior art
features necessary to arrive at the structure now specified by
claims 17, 32, 36, 41 and 42. We are therefore constrained to
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