Appeal No. 2001-2363
Application 09/073,022
Reading claim 21 on the structure and method described in
Brony relating to the embodiments seen in Figures 7 and 8 of that
patent, we find that Brony discloses a method of accessing a port
(i.e., the port or opening located at the lower end of passageway
74), the method comprising the steps of (at least between the
time of an initial removal of material from the vial (V) where
the plug or valve member (72) is depressed and a second removal
of material therefrom where the plug or valve member is returned
to its closed position and again moved to the open or depressed
position by a needleless syringe (20)) moving a plug or valve
member (72) to the entry position of a bore, as seen in Figures 7
and 8, wherein said bore extends to an exit position at the port;
and engaging the plug or valve member (72) at said entry
position, as clearly seen in Figures 7 and 8 of Brony where the
plug/valve member is engaged by the tip (22) of the syringe (20),
and then slidably moving the plug or valve member (72) through
the bore.
Appellant’s argument (brief, page 13) that there is no
slidable movement of a plug through a bore in Brony, is not
persuasive. Clearly in moving from the closed position seen in
Figures 7 and 8 of Brony to an open position wherein medicine
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