Ex parte HUENE - Page 3




              Appeal No. 1997-3989                                                                                     
              Application No. 08/424,067                                                                               


              central rod which threadedly engages a threaded portion central to the head of the bone                  
              screw for holding the bone screw onto the driver device.  Huene does not disclose a                      
              plurality of driver elements disposed around the tube portion of the driver.                             
                     Rich teaches a driver for inserting a threaded member such as a screw.  Rich                      
              teaches that the driver engages a threaded member by way of a central threaded rod. The                  
              torque transmitting members are a number of driver elements which are spaced away from                   
              the threaded rod in a radial direction.  These driver elements are disclosed as reducing                 
              the screw fatigue failure by allowing the driver to engage the screw through complementary               
              recesses that mate with these driver elements.                                                           
                     The examiner has therefore concluded that it would have been obvious to one of                    
              ordinary skill in the art to modify the driver element of Huene with the driver elements being           
              disposed wholly between the inner and outer walls of the tube as taught by Rich in order to              
              reduce screw failure.  (See final rejection, paper no. 6, pages 2 and 3.)                                
                                                      OPINION                                                          

                     We have carefully reviewed the rejection on appeal in light of the arguments of                   
              appellant and the examiner.  As a result of this review, we have determined that the                     
              applied prior art does not establish the prima facie obviousness of the claims on                        






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