Ex Parte MURRAY et al - Page 5




          Appeal No. 2001-0073                                                        
          Application 08/966,894                                                      

          central bore 25.  The upper end of the cannula is integral with a           
          female luer 29 which acts as a connector and defines a receiving            
          chamber 31 which communicates with the bore.  The ampoule 61 has            
          a male luer 63.  The male luer 63 of the ampoule 61 is introduced           
          into the receiving chamber 31 of the female luer 29 and the                 
          adaptor with the ampoule attached is then pushed over the neck of           
          the vial 67 so that the tip of the cannula punctures the rubber             
          septum 69 of the vial and the adaptor is held in place by                   
          clips 45, 47.  A vacuum in the vial draws in water from the                 
          ampoule through the adapter to reconstitute an injectable                   
          compound.  The male luer of a syringe is then inserted into the             
          receiving chamber 31 of the female luer 29 and the syringe is               
          operated to draw up a desired amount of the vial contents.                  


          Analysis                                                                    
               Appellants argue: (1) McAffer is nonanalogous art; (2) there           
          is no suggestion to combine McAffer with Erickson; and (3) the              
          combination of McAffer and Erickson does not suggest the claimed            
          invention.                                                                  
                                         (1)                                          
               Appellants argue (Br7-8) that McAffer is not analogous prior           
          art (i.e., it is not within the scope of the prior art) because             
          it is not within the appellants' field of endeavor, defined as              
          "ink jet printers having large volume ink supplies" (Br7), and is           

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