Ex Parte PARADIS - Page 10




          Appeal No. 2001-2363                                                        
          Application 09/073,022                                                      


          embodiments seen in Figures 7 and 8 of Brony, but has merely                
          broadly paraphrased the claim language and asserted that Brony              
          discloses such a method.  We do not agree.                                  


          The method of claim 30 can perhaps be best understood by                    
          looking to Figures 4A and 4B of the application.  In these                  
          figures we see that the stopper (20) has been positioned in a               
          neck portion of a container, with the stopper including a central           
          throughbore (22) extending from an outer surface of the stopper             
          to the interior of the container.  There is also provided a plug            
          (30) which extends into the bore (22) “from a position sealing              
          said outer surface of said stopper.”  As can be clearly discerned           
          from looking at Figures 4A and 4B, when access to the medicine in           
          the container is desired, the plug (30) is depressed from its               
          position sealing the outer surface of said stopper (Fig. 4A) into           
          and along the throughbore (22) to permit fluid to flow between              
          the interior of the container and the syringe (40) positioned at            
          the outer surface of the stopper (Fig. 4B).                                 


          The examiner’s bare assertion that the method of claim 30 is                
          disclosed in Brony Figures 7 and 8 is made without explanation or           
          factual support.  While the stopper or link body (18 or 58) in              
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