Appeal No. 2001-2363
Application 09/073,022
without merit and totally misconstrues the requirement for a
frangible connection between the plug and stopper. There is
clearly no frangible connection between the plug or valve member
(72) and the stopper or link body (18 or 58) in Brony. Mere
contact between the valve member (72) and stopper or link body
(18 or 58) in Brony does not provide a “connection” and the mere
movement of the valve member relative to the stopper or link body
in Brony from the contacting position seen in Figure 7 or Figure
8 to thereby open the bore to the flow of medicine from the vial
(V) to the syringe (20 or 30) does not constitute a “frangible
connection,” as required in claim 23 on appeal. Accordingly, the
examiner’s rejection of claim 23 under 35 U.S.C. § 102(b) as
being anticipated by Brony will not be sustained.
Independent claim 30 has also been rejected by the examiner
under 35 U.S.C. § 102(b) as being anticipated by Brony. The
examiner’s position with regard to claim 30 is best understood by
reference to page 6 of the supplemental answer, last paragraph.
However, even in this paragraph the examiner has not clearly
articulated how appellant’s claim 30 is readable on the
9
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