Appeal No. 2004-0479
Application No. 09/780,864
transfusion, blood collection, monitor of blood circulation,
etc. See Kitou, column 1, lines 5-9. Thus, Kitou teaches
catheters for the same purpose as the Cambron catheter. We
find that Kitou teaches that the useful length for catheters
used for these purposes are to be 25 mm. See Kitou, column 5,
lines 25 and 48 and column 6, lines 7, 25, 45 and 63.
Therefore, because those skilled in the art would have to
determine the length of Cambron's catheters for use in
Cambron's taught medical applications, they would have looked
to Kitou's teachings that 25 mm length for the length of the
catheter to be used in the same medical applications.
Therefore, we will sustain the Examiner's rejection of claims
18 and 21-25 under 35 U.S.C. § 103.
II. Whether the Rejection of Claim 19 Under 35 U.S.C.
§ 103 as Being Obvious over Cambron in View of Kitou is
Proper?
Appellants argue that neither Cambron nor Kitou teaches a
catheter and hub formed of the same material. See page 8 of
the brief and pages 10-12 of the reply brief.
We note that claim 19 recites "wherein the hub and the
1616
Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: November 3, 2007