Appeal No. 2006-1746
Application No. 10/375,679
Answer, as amplified by our comments, supra, that Applicant were not in
possession of the invention of claim 36 at the time of filing of the application.
CONCLUSIONS OF LAW (ISSUE I)
The rejection of claims 36-52 under 35 U.S.C. § 112 (first paragraph) is
sustained.
FINDINGS OF FACT (ISSUE II)
We make the following findings of fact with respect to Chester:
1. The broad object of the invention is to provide a nerve stimulator which
can, in its entirety, be clamped onto a conventional syringe which is
connected to an injection needle (Col. 1, lines 59-63).
2. The nerve stimulator of
unit 10 is clamped to, and supported by, a conventional
syringe 12 which is connected to the metal hub 14 of an
injection needle 16. The stimulator 10 is clamped to the
syringe 12 by means of a spring clip 18 which is fixed
to the bottom of the stimulator housing. Electrical
pulses from the stimulator are applied via an external
lead 20 and a connector 22 to the metal hub 14 of the
needle 16 (Col. 2, lines 52-59). (Emphasis in original).
It is further disclosed that the needle has a tip 17. (Col. 2, lines 53-59 and 63).
3. An indicator lamp 28, such as an LED, is also positioned on the top of the
unit (Col. 3, lines 21 and 22).
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