Ex parte DWYER et al. - Page 13




                 Appeal No. 2000-1948                                                                                    Page 13                        
                 Application No. 08/751,087                                                                                                             


                 in the art to have included a further set of semicircular                                                                              
                 recesses intermediate the semicircular recesses 105, 110 to                                                                            
                 permit fluoroscopic visualization methods to be used to                                                                                
                 determine if Robinson's implant is being positioned as                                                                                 
                 desired.   However, even this modification does not arrive at2                                                                                                                       
                 the claimed subject matter.  In this regard, while such                                                                                
                 intermediate recesses would constitute a detent carried by the                                                                         
                 handle that could prevent continuous forward-rearward movement                                                                         
                 of the movable portion of the handle from the implant capture                                                                          
                 position to the implant release position as set forth by the                                                                           
                 examiner (answer, pp. 4-5), it is equally true that such                                                                               
                 intermediate recesses would not prevent continuous forward-                                                                            
                 rearward movement of the movable portion of the handle from                                                                            
                 the implant capture position to the implant release position                                                                           
                 if the pushbutton 295 is continuously pressed downwardly                                                                               
                 during such movement.  In our view, the recitation in claim 2                                                                          
                 that the detent prevents continuous forward-rearward movement                                                                          
                 of the movable portion of the handle from the implant capture                                                                          
                 position to the implant release position means that the                                                                                


                          2Note column 10 of Robinson and column 4 of Williams.                                                                         







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