11061290 (B.P.A.I. Oct. 31, 2011)

Ex Parte Leinsing

Board of Patent Appeals and InterferencesOct 31, 2011

11061290 (B.P.A.I. Oct. 31, 2011)

UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte Karl R. Leinsing __________ Appeal 2009-010173 Application 11/061,290 Technology Center 3700 ___________ Before: RICHARD E. SCHAFER, RICHARD TORCZON, and SALLY G. LANE, Administrative Patent Judges. SCHAFER, Administrative Patent Judge. DECISION ON APPEAL Applicant appeals from the Final Rejection of Claims 1-10, 14-27, and 31- 35. 35 U.S.C. §§ 6(b) and 134(a). We reverse. A. Applicant’s invention relates to vial adapters. Vial adapters are intermediate connectors that connect a vial containing a liquid, such as a parenteral liquid, to other devices such as a syringe. Written Description, p. 1, ¶¶ 1-3. Applicant’s adapters are configured to securely anchor the vial to the adapter to avoid accidental separation. Written Description, p. 1, ¶ 4. The secure attachment is achieved using a circular array of claws inside the adapter. Written Description, ¶ bridging pp. 3 and 4. The claws grasp the neck of the vial to securely hold it in place. Applicant’s adapter uses two different sets of claws having different configurations which allow the adapter to be used with vials of different diameters. Written Description, id. One set is designed to secure vials having a large diameter and the ¶ bridgi of the se Claim 1 A inventio The firs surface other set f ng pp. 3 an ts which a a firs exten perip upwa perip (indenting pplicant’s n where a t claw is in (extending or securing d 4. For t pplicant’s t set of cla each claw ding upwa hery, and a second rdly and r hery . . . . added). Figure 5 ( vial is sec dicated by radially i vials hav he purpos claims re ws, of the fir rdly and r surface ex adially out reproduce ured to the numeral nwardly an - 2 - ing a smal e of this ap fer to as th st set of cl adially inw tending fr wardly tow d below) s adapter b 29 on the d upward ler diamet peal, we n e “first set aws havin ardly from om the firs ards the i hows an e y the first right of the ly) is the i er. Written eed only :” g a first su the inne t surface nner mbodimen set of claw figure. T nner surfa Descript consider o rface r t of the s. he first ce of the ion, ne flared p and radi numera T 1 2 B F Applica seen in 1 U.S. P 2 U.S. P ortion 93. ally outwa l 29. he Examin . Claim Fowle . Claim comb oth rejecti owles also nt’s first s Fowles Fig atent 6,06 atent 5,83 The secon rd) begins er entered s 1-10 and s1; and s 15-27 an ined teach ons rely o relates to et of claws ure 6 repr 3,068. 9,715. d surface at the poi two grou 14 under d 31-35 u ings of Fo n Fowles a vial adapt is met by oduced be - 3 - (extending nt near the B. nds of reje 35 U.S.C nder 35 U wles and L s teaching C. ers. The E Fowles’ f low. from the end of th ction: . § 102(b) .S.C. § 10 einsing2. , inter alia xaminer f ingers 84b first surfa e line exte as anticipa 3(a) as obv App. Br. , the first s ound that . Finger 8 ce upward nding from ted by ious over 10; Answe et of claw the 4b can be ly the r. 2. s. - 4 - The examiner identified the first surface (extending radially inwardly and upwardly) as rib 92: “The first claws 84b have a first surface (rib 92) that extends upwardly and radially inward of the inner periphery delineated by annular shelf 97 . . . .” Answer, 4. The Examiner identifies the second surface (extending from the first surface upwardly and radially outward) as the trapezoidal end of finger 84b. The Examiner says “inasmuch as Fowles discloses that the fingers 84b are trapezoidally shaped and therefore any portion of a finger 84b will extend outwardly as one progresses upwardly away from said first surface (see Figs. 4 and 6, Col. 9, lines 32,33).” Answer, 4. The trapezoidal configuration of the tip of finger 84b is clearly visible in Fowles Figure 6. Applicant argues that that finger 84b does not meet the structural requirements for the first set of claws: From the perspective view of Figure 6 in Fowles, it appears that gusset 96 slopes upwardly and radially inwardly. Since the ribs 92 extend from the generally wedge shaped gusset 96 which slopes upwardly and radially inwardly as depicted in Figure 6, any second surface extending from a first surface (rib 92) would not extend upwardly and radially outwardly from the inner periphery. Brief, 14. D. We do not see how the trapezoidal tip of Fowles finger 84b meets the limitation that the second surface extends “from the first surface upwardly and radially outwardly towards the inner periphery.” The trapezoidal tip of finger 84b does not directly connect with, and therefore cannot extend from, the first surface, rib 92. To the extent the trapezoidal tip might be considered as extending from the rib 92, it extends downwardly from the first surface rather than upwardly as required by the claims. Fowles finger 84b does not describe “a second surface - 5 - extending from the first surface upwardly and radially outwardly towards the inner periphery.” Since both rejections rely on the finding that the Fowles teaches a structure meeting the claimed second surface, we reverse both rejections. DECISIONS We revere the rejection of Claims 1-10 and 14 under 35 U.S.C. § 102(b) as anticipated by Fowles and the rejection of Claims 15-27 and 31-35 under 35 U.S.C. § 103(a) as unpatentable over the combined teachings of Fowles and Leinsing. REVERSED KMF