Ex parte SCHAVAN et al. - Page 10




          Appeal No. 97-0935                                                          
          Application 08/340,905                                                      



          structure that can be regarded as shaped as a double lipped                 
          drill.  Finally, with respect to claim 2, Collison does not                 
          show a structure that is shaped as a drill that is both self-               
          drilling and self-cutting.  Therefore, the rejection of claims              
          2, 4 and 5 under 35 U.S.C. § 102 is not sustained.                          
                    With respect to claim 3, we are in agreement with                 
          the examiner that the slightly threaded pilot portion has a                 
          minor diameter which is of smaller diameter than the root                   
          portion of the screw threads 13 of Collison.  Therefore, in                 
          this respect, it can be seen that Collison anticipates the                  
          claimed subject matter of dependent claim 3.                                
                    With respect to claims 6 and 7 rejected under 35                  
          U.S.C. § 103, Collison clearly recognizes that screws of his                
          invention will be made of various lengths.  In column 4                     
          starting at      line 47, Collison discusses the need for                   
          longer screws to go through both cortices of the bone when                  
          surgically necessary.  In view of this teaching of Collison,                
          it is self-evident that the art has recognized that bone                    
          screws of various lengths are necessary and that the cortices               
          of bones are of variable thicknesses necessitating the screw                

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