Appeal No. 2006-1213
Application 10/396,557
material is punctured by a needle for the insertion of fluid into an essentially empty container
after which the needle is withdrawn and the fluid remains within the container, none of which
addresses the problem to be solved. Indeed, as appellants point out, even if the references were
combined by one of ordinary skill in the art, the same would not have provided all of the steps
specified in claim 19. See Uniroyal, Inc. v. Rudkin-Wiley Corp., 837 F.2d 1044, 1050-54, 5
USPQ2d 1434, 1438-41 (Fed. Cir. 1988).
Accordingly, we agree with appellants that the examiner has not established a prima facie
case over the applied references, and accordingly, we reverse the ground of rejection.
The examiner’s decision is reversed.
Reversed
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
CHARLES F. WARREN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
BEVERLY A. FRANKLIN )
Administrative Patent Judge )
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