Appeal No. 2002-1220
Application 08/940,601
mark of distinctly visible color surrounding the sharp insertion
end of a medical needle body.
A review of the overall teaching of Brinon, taking into
account the appearance of the (Tuohy) needle as revealed in PRIOR
ART Figs. 1 through 3 of the reference, makes it quite apparent
to this panel of the Board that one versed in the art would
appreciate the needle as evidencing a distinctly visible mark or
a mark of distinctly visible color surrounding the tip of the
sharp insertion end thereof. In other words, the mark 15 of
Brinon, closest to the needle tip end (Fig. 2), produces a needle
tip end with a contrasting color appearance that clearly visibly
marks the tip end. It is noted that Figs. 7 and 8 of Brinon
reveal the combination of a needle and a syringe (column 3,
lines 57 through 65). Based upon the above analysis, we conclude
that the content of claims 1 and 9 is anticipated by Brinon.
The rejection of these claims under 35 U.S.C. § 103 is also
sustained, since lack of novelty is the epitome of obviousness.
See In re Fracalossi, 681 F.2d 792, 215 USPQ 569, 571 (CCPA
1982).
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