Ex parte SCHAVAN et al. - Page 11




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



          portion and the pilot portion of Collison's screws to be                    
          various lengths depending on their use.  Therefore, we are in               
          agreement with the examiner that Collison provides evidence of              
          a recognition in the art that the exact length of the screw                 
          portion and pilot portion of the bone fixing screw would have               
          been obvious as a design choice entirely dependent on the                   
          exact bone environment of use.                                              
                    With respect to claim 8, we note that Collison                    
          discloses a ground relief on threads 13 so that they will                   
          enter the bone more easily.  See column 4, line 28.  This                   
          ground relief of Collison anticipates the limitation of claim               
          8.                                                                          
                    Finally, with respect to claims 9 and 10, we are in               
          agreement with the examiner that it would have been obvious to              
          substitute the hexagonal socket of Gustilo for the cruciate                 


          driving surface found in the head of Collison.  Both driving                
          profiles are well known in the art and are well known                       
          substitutes one for the other.                                              



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