Appeal 2007-2559
Application 10/228,798
intravenous needle assembly including a needle cannula 12
having a puncture tip (unnumbered), a flexible tube 16
extending between the fixture and a needle assembly, where the
flexible tube includes a plurality of helical turns establishing a
coiled structure.
(Answer 3-4.) The Examiner also finds that “Vallelunga discloses a helical
coiled structure because a coiled structure is inherently helical” (id. at 5).
In addition, the Examiner finds that, “[a]ssuming arguendo that
Vallelunga does not teach a coiled structure, the Vallelunga device can
effect a coiled configuration . . . in the shape of a helix. . . . Such a
configuration is permissible from the claim language shown in Appellant’s
independent claims.” (Id. at 6.)
Appellant argues that “Vallelunga does not disclose the claimed
helical structure of the flexible tube” (Br. 3). Instead, “Vallelunga discloses,
as reflected in Column 5, line 25, and in Figure 13, . . . an embodiment in
which the flexible tubing (16) is temporarily stored as a planar coil inside of
the butterfly shield (100) assembly” (id.). “There is no spiral, and clearly no
helical structure in the reference” (Reply Br. 4). In particular, Appellant
argues that “there are several different interpretations of the word ‘coiled’,
e.g. a two dimensional spiral, a two dimensional serpentine arrangement as
shown in Vallelunga, a series of loops or concentric rings, or as in the
claimed invention a three-dimensional helical coil” (id.).
We reverse the rejection. Vallelunga describes a butterfly needle
connected to a tube connector through flexible tubing (Vallelunga, col. 2,
ll. 58-63, and col. 5, ll. 20-22). Vallelunga states that, “[p]rior to use
(FIG. 13), the flexible tubing . . . is preferably coiled within [a] butterfly
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