Ex Parte Kafrawy et al - Page 12




                    Appeal No. 2004-0479                                                                                                                                  
                    Application No. 09/780,864                                                                                                                            


                    blood-detecting chamber 14 and hub 13.  The plug 20 includes                                                                                          
                    the neck 22 and diaphragm 23.  As found above, all three main                                                                                         
                    components are shown in the drawing as three single pieces.                                                                                           
                    Also, as found above, the specification states that the blood-                                                                                        
                    detecting chamber and the plug are molded in one piece.  For                                                                                          
                    the catheter and hub assembly, the specification is silent as                                                                                         
                    to how the catheter and hub assembly is molded.  However, when                                                                                        
                    considering that the drawings show each of the three                                                                                                  
                    components as one piece and that the specification states for                                                                                         
                    two of the components that they are molded as one piece, one                                                                                          
                    of ordinary skill in the art would have also concluded that                                                                                           
                    the catheter and hub assembly is to be molded as one piece as                                                                                         
                    well.                                                                                                                                                 
                              Appellants argue because the specification states that the                                                                                  
                    catheter 15 is attached to hub 16, they must be two separate                                                                                          
                    pieces.  However, we do not find that this alone would lead                                                                                           
                    those skilled in the art to conclude that the catheter and hub                                                                                        
                    assembly is made up of two pieces.  We note that Cambron's                                                                                            
                    specification does not provide a definition of "attached."                                                                                            
                    The dictionary definition for "attached" is connected or                                                                                              


                                                                                   1212                                                                                   





Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next 

Last modified: November 3, 2007