Ex Parte Barber - Page 5




               Appeal No. 2003-0653                                                                       Page 5                  
               Application No. 09/861,268                                                                                         


                      Figure 1 of the Admitted Prior Art depicts a feeder 101 having a container 103                              
               for holding a plurality of needles 107; a blade 105 disposed at least partially within a                           
               slot 111 of the container; and a motor 112 coupled to the blade for moving the blade up                            
               and down within the slot to singulate a blunt.  The blade has a curved tip end 105A                                
               which as shown in Figure 1 has captured securely one needle.  The appellant admits                                 
               (specification, p. 3) that a feeder similar to Figure 1 has been used to singulate a blunt                         
               from a set of blunts in order to take the singulated blunt and then insert it into the                             
               cannula of a needle to assemble the needle assembly.  The appellant then states that a                             
               D-shaped blunt presents a challenge for the feeder of Figure 1 since the blade 105                                 
               may not successfully singulate one blunt from the set of blunts as represented in                                  
               Figures 2A and 2B.  Figure 2A shows two D-shaped blunts 203, 205 side-by-side on                                   
               the curved tip end 105A of the blade 105.  Figure 2B shows one D-shaped blunt 209                                  
               supported directly on the curved tip end 105A of the blade 105 and another D-shaped                                
               blunt 207 supported directly on top of the D-shaped blunt 209.                                                     


                      With respect to claim 11, the appellant asserts that the Admitted Prior Art does                            
               not have a tip end designed to capture securely only one D-shaped blunt, wherein a                                 
               further D-shaped blunt is not securely maintained in said tip end.  We do not agree.                               
               The appellant's Figures 6A, 6B and 6C show various examples of how more than one                                   
               D-shaped blunt can be picked up by the appellant's blade having a D-shaped cutout.                                 







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