Appeal No. 2003-0653 Page 8
Application No. 09/861,268
(i.e., above the imaginary line drawn by the examiner in the blown up Figure 2B in the
answer) to protect a single D-shaped blunt in the cutout from a passing fluid.
For the reasons set forth above, the decision of the examiner to reject claims 22
to 24 under 35 U.S.C. § 102(a) is reversed.
The obviousness rejection
We will not sustain the rejection of claims 15 to 18 and 25 to 27 under 35 U.S.C.
§ 103.
Independent claim 15 reads as follows:
An apparatus for fabricating a needle assembly having a needle and a
blunt which fits within a cannula of said needle, said apparatus comprising:
a container for holding a set of blunts;
a motor;
a blade, disposed at least partially within a slot of said container, said
blade having a first end of a main body, said first end coupling said main body to
said motor which is for moving said blade, and said blade having a tip end which
is designed to capture securely only one blunt, wherein a further blunt is not
securely maintained in said tip end;
a fluid source to stream fluid past the tip end.
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