Appeal No. 2002-1220
Application 08/940,601
Independent claim 13 sets forth the process of withdrawing
blood from a patient with a syringe and needle assembly including
the step of providing a color mark surrounding the tip of a
needle to facilitate accurate directioning of a needle toward an
artery.
Simply stated, it is our opinion that it would not have been
obvious to one having ordinary skill in the art, based upon the
collective teachings of Guerra and Brinon by themselves, to
substitute a needle expressly disclosed for use in an epidural
anesthesia process (Brinon) for a needle used in a blood taking
process (Guerra). We recognize, as did appellant, that the
applied references do not address the problems faced in the
process of withdrawing blood from a patient and the solution
therefor that is the focus of the present application and its
claims 13 and 14 (main brief, page 9, and reply brief, page 2).
In light of the above, we readily perceive that one having
ordinary skill in the art would have lacked motivation to make
the examiner’s proposed modification in a process of withdrawing
blood from a patient.
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