Ex parte SLATER et al. - Page 8




          Appeal No. 97-2486                                                          
          Application No. 08/308,983                                                  

          column 11, lines 46-49; column 12, lines 34-42; column 14,                  
          lines 2-19).  In the embodiment of Fig. 4, Eggers utilizes a                
          clevis 72, 73 to couple the end effectors 18, 19 to the                     
          actuator 16, 12, 13 of the endoscopic surgical instrument 10.               
          Thus, Eggers teaches all the limitations of claim 17 as                     
          broadly set forth except for the particular die casting                     
          procedure which is employed (i.e., "investment" casting).                   
          With respect to this limitation, Eggers simply refers                       
          generically to "die casting," leaving to the artisan to select              
          from well known die casting procedures (e.g., investment                    
          casting) the particular die casting procedure to be employed.               
          By referring to the "investment casting industry" (column 1,                
          lines 11 and 12), Horton provides evidence that investment                  
          casting is a well known die casting procedure.  In making the               
          selection of the particular kind of die casting procedure to                
          be employed from various well known die casting procedures,                 
          the artisan would have been well aware of the respective                    
          advantages and disadvantages of each.  See, e.g., In re                     
          Heinrich, 268 F.2d 753, 756, 122 USPQ 388, 390 (CCPA 1959).                 
          Moreover, Horton (1) provides a suggestion that investment                  
          casting be used where "precision" casting (i.e., casting to                 

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