Interference No. 103,950
F.3d 1365, 1369-70, 55 USPQ2d 1313, 1316-17 (Fed. Cir. 2000)
(identification in the prior art of each individual part
claimed is insufficient to defeat patentability of the whole
claimed invention; rather, to establish obviousness based on a
combination of elements disclosed in the prior art, there must
be some motivation, suggestion or teaching of the desirability
of making the specific combination that was made by the
applicant).
Accordingly, we conclude that Nardella has failed to meet
its burden of establishing obviousness with regard to claim 4.
In regard to Tsuruta’s claim 5, Nardella argues that the
rotatably connected anvil and cartridge and the curved distal
portion of the anvil and cartridge as recited in Tsuruta’s
claim 5 are disclosed in Published Examined Japanese Utility
Model Application No. 38-19282 and Published Examined Japanese
Utility Model Application No. 60-41924. Nardella also argues
that U.S. Patent No. 5,156,315 (Green ‘315) to Green discloses
a straight proximal portion which curves in the distal region
of the stapling section as recited in Nardella’s claim 37.
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