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In re Gordon

In re Gordon

United States Court of Appeals for the Federal Circuit

May 10, 1984

Appeal No. 83-1281

Opinion

 [***1126]  [*900]   MILLER, Circuit Judge.

This appeal is from the decision of the United States Patent and Trademark Office ("PTO") Board of Appeals ("board") affirming the examiner's rejection of appellants' claims 1 1-3 and 5-7 as unpatentable under 35 U.S.C. § 103. We reverse.

THE INVENTION

Appellants claim a "blood filter assembly" used during surgery and other medical procedures involving the handling of blood to remove clots, bone debris,  [**2]  tissue, or other foreign materials from blood before it is returned to a patient's body. Unlike blood filter assemblies widely used in the prior art, the device of the present invention permits both entry of the blood into, and ultimate discharge of the blood out of, the bottom end of the filter assembly, as shown below. 2 

 [*901]  

The blood filter assembly comprises a shell 1 provided with blood inlet 3 and blood outlet 4. Between the blood inlet and the blood outlet is filter medium 6 positioned within the filter medium core 7.

The location of blood inlet 3 is such that the incoming blood is directed along a spirally upward path by the inner wall of the shell. Further, the location of the blood inlet at the bottom end of the filter assembly facilitates the removal of gas bubbles by allowing them to rise upwardly out of the blood. The gas bubbles so removed are released [**3]  from the blood filter assembly by means of a gas vent 5 located in the region of the top end of the assembly.

Independent claim 1, from which the other appealed claims depend, is illustrative:

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733 F.2d 900 *; 1984 U.S. App. LEXIS 15015 **; 221 U.S.P.Q. (BNA) 1125 ***

IN RE LUCAS S. GORDON and KARL M. SUTHERLAND

Prior History:  [**1]   Appealed from: United States Patent and Trademark Office Board of Appeals. Serial No. 124,312.

Disposition: REVERSED.

CORE TERMS

blood, filter, apparatus, bottom, inlet, shell, assembly, outlet, prior art, dirt, top, liquid, medium, upside down, Patent, pocket, region, gas vent, modification, gasoline, pet-***, strainer, screen, inner, oils, ordinary skill, prima facie, unpatentable, downwardly, projecting

Patent Law, Specifications, Enablement Requirement, General Overview, Nonobviousness, Elements & Tests, Prior Art, Evidence, Prima Facie Obviousness