Appeal No. 1999-2779
Application No. 08/859,763
claims remaining in the application.
The claimed subject matter is directed to a flexible
walled container used to store and dispense fluid to be
conveyed to a patient intravenously. A port is placed on the
bag for tapping the contents thereof using a piercing spike.
The port has a planar body with flaps that extend upwardly and
surround the flexible sides of the bag a distance greater than
the length of the port.
A copy of appealed claim 22 is appended to this decision.
The references of record relied upon by the examiner as
evidence of obviousness are:
Steer UK 1,358,379 Jul.
3, 1974
Scheifel et al. DE 4 029 521 Mar. 19,
1992
(Scheifel)
THE REJECTION
Claims 3, 4, 6, 9, 11, 13, 14 and 21 through 23 stand
rejected under 35 U.S.C. § 103 as unpatentable over Scheifel.
According to the examiner, the limitation of the flap length
claimed by appellants is considered a design choice, obvious
to one of ordinary skill.
2
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