Appeal No. 2004-0479
Application No. 09/780,864
assembly in one step wherein the catheter and hub are made as
a single piece as shown in the drawing.
Finally, even if we were persuaded by Appellants'
arguments that Cambron's hub and catheter are made as separate
pieces and then attached together to become a single assembly,
we would still fail to find that Appellants' claim language
would distinguish over this teaching. We note that the
language "the hub and catheter are formed as a single piece"
does not preclude how the catheter and hub are made. The
claim language is only directed to the final resulting
assembly of the catheter and hub. Therefore, even if the
prior art teaches a separate catheter and a separate hub which
then are made into becoming a single form or part by some
means of attachment, the prior art would then read on "the hub
and catheter formed as a single piece" as recited in
Appellants' claim 18.
In summary, because the drawings show the catheter 15 and
hub 16 as a single, homogeneous piece, and this is consistent
with Cambron's specification as a whole, we find that Cambron
1414
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