Appeal No. 2004-0235 Page 7
Application No. 09/873,583
Grimard's invention relates to a vial having a resealable membrane assembly
activated by a medical delivery device for efficient transfer of fluid to or from a vial. The
resealable membrane assembly features a membrane 40 which is displaceable
between an open position (Figures 3, 6, 7) and a closed position (Figures 2, 4) relative
to vial 10. When the membrane is disposed in its open position, a fluid path 54 is
established between luer tip 62 and open top 12 of the vial, permitting free fluid flow
between syringe 60 and the interior of vial 10. Likewise, fluid path 54 is closed when
membrane 40 is returned to its closed position, preventing fluid flow through luer
connector hub 32, and isolating the interior of vial 10 from the ambient environment. To
facilitate fluid flow between luer tip 62 and open top 12 of the vial, one or more fluid
channels 45 are defined between ribs 47 on central area 42 of membrane 40. Fluid
channels 45 form part of fluid path 54 openable between luer tip 62 and open top 12 of
the vial. Fluid channels 45 effectively communicate fluid supplied or aspirated via luer
tip 62 with portions of membrane 40 outside of central area 42.
In our view, the teaching of Grimard to provide a membrane with ribs to define
fluid channels does not provide the necessary teaching or suggestion2 to have made it
2 When it is necessary to select elements of various teachings in order to form the claimed
invention, we ascertain whether there is any suggestion or motivation in the prior art to make the selection
made by the appellants. Obviousness cannot be established by combining the teachings of the prior art to
produce the claimed invention, absent some teaching, suggestion or incentive supporting the combination.
See In re Gorman, 933 F.2d 982, 986, 18 USPQ2d 1885, 1888 (Fed. Cir. 1991) (citations omitted).
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007