Appeal No. 1999-0076
Application No. 08/348,699
and the respective viewpoints of appellants and the examiner.
As a consequence of our review, we make the determinations
which follow.
We reverse the examiner’s rejection of claims 1 through 7
and 9.
Claim 1 is drawn to a surgical device having a latching
mechanism comprising, inter alia, a portion of a latching
member and a portion of a retaining member being of
contrasting colors so that the latching member’s presence in a
locked position is externally visible.
Like the examiner (answer, page 4), we find that the
patent to Korthoff teaches a surgical device having a latching
mechanism wherein a latching member is received and retained
within the apertures of a retaining member, but the patent
fails to disclose latching and retaining members of
contrasting colors.
2(...continued)
4
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