Ex parte QIN et al. - Page 5




          Appeal No. 1999-2329                                                        
          Application 08/642,278                                                      


          fluid administration sets” (col. 14, lines 22 and 23), and                  
          that “when appropriate, the multilayered tubing according to                
          the present invention can be uniaxially, biaxially or                       
          multiaxially oriented to further enhance its physical                       
          characteristics” (col. 12, lines 33 to 36).  The orientation                
          process is disclosed at col. 12, line 66 to col. 13, line 16,               
          it being stated that orientation “preferably but not                        
          necessarily provides additional tensile strength to the                     
          tubing” (col.12 , line 67, to col. 13, line 1).  Also,                      
          orientation can be used to form very small diameter tubes                   
          (col. 13, lines 13 to 16), and smaller size tubing is used in               
          IV sets (col. 10, lines 44 and 45).                                         




               In view of these teachings of Fanselow, we consider that               
          it would have been obvious to one of ordinary skill in the art              
          to use the oriented tubing of Fanselow in the IV set of                     
          Fairchild.  As noted above, Fanselow teaches the use of the                 
          tubing disclosed therein in IV sets, and contains no                        
          suggestion that this teaching does not include oriented                     


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