Appeal No. 2002-1220
Application 08/940,601
The third rejection
We sustain the rejection of claims 1 through 5 and 9 through
12 under 35 U.S.C. § 102(a) as being anticipated by Becton
Dickinson.
It is quite apparent to us, as it was to appellant (main
brief, pages 9 and 10), that the needle of Becton Dickinson is
akin to the needle taught by Brinon. Thus, in light of our
analysis and conclusion of anticipation above regarding the
Brinon teaching, we likewise sustain the rejection of appellant’s
claims based upon the Becton Dickinson document, with our earlier
reasoning being incorporated herein by reference.
In summary, this panel of the Board has sustained the first
and third rejections on appeal, but not the second rejection.
The decision of the examiner is affirmed-in-part.
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