Ex Parte Barber - Page 4




               Appeal No. 2003-0653                                                                       Page 4                  
               Application No. 09/861,268                                                                                         


               denied, 465 U.S. 1026 (1984), it is only necessary for the claims to "'read on'                                    
               something disclosed in the reference, i.e., all limitations of the claim are found in the                          
               reference, or 'fully met' by it."                                                                                  


                      Claims 11, 12 and 22 to 24 read as follows:                                                                 
                      11.     A blade for singulating a D-shaped blunt for a needle, said blunt being                             
                      singulated from a collection of blunts in an assembly process for assembling                                
                      said blunt into said needle, said blade comprising:                                                         
                              a main body;                                                                                        
                              a first end of said main body, said first end for coupling to a motor which                         
                      moves said main body;                                                                                       
                              a tip end of said main body, said tip end being designed to capture                                 
                      securely only one D-shaped blunt, wherein a further D-shaped blunt is not                                   
                      securely maintained in said tip end.                                                                        
                      12.     A blade as in claim 11 wherein said blunt is designed to provide needle                             
                      stick prevention and wherein said tip end has a cutout which is designed to                                 
                      capture securely only one blunt.                                                                            
                      22.     A blade as in claim 12 wherein the cutout is D-shaped.                                              
                      23.     A blade as in claim 12 wherein the tip end includes a tip raised above the                          
                      cutout to protect a single D-shaped blunt in the cutout from a passing fluid.                               
                      24.     An apparatus as in claim 23 wherein the tip end includes a tip raised                               
                      above the cutout to protect a single blunt in the cutout from the passing fluid.[2]                         




                      2 It appears to us that claim 24 should not depend from claim 23 since claim 24 repeats                     
               limitations already recited in claim 23.  Since claim 24 begins with "An apparatus" and not "A blade"              
               perhaps claim 24 was intended to depend from claim 15 or 16.                                                       







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