Appeal No. 2005-2537
Application No. 09/921,429
THE REJECTION
Claims 19-22 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Nguyen in view of Current.
Attention is directed to the main and reply briefs (filed
January 26, 2005 and April 13, 2005) and the final rejection and
answer (mailed July 29, 2004 and February 24, 2005) for the
respective positions of the appellant and examiner regarding the
merits of this rejection.
DISCUSSION
Nguyen, the examiner’s primary reference, discloses “an
apparatus that holds and dispenses sterile pen needles for
medication delivery pens and that safely stores the needles after
use” (column 1, lines 6-8). The apparatus takes the form of a pen
needle dispenser 10 comprising a container 30 and a cover 20. The
container includes a circular array of vertically oriented, open
top cavities 31 housing respective pen needle assemblies 100,
peelable sterility barriers 150 sealing the open tops of the
cavities, and a series of splines 44 within the cavities for
3
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