Appeal No. 1999-0713
Application 08/325,629
element and head section formed as a single piece as recited
in claim 15.
To the extent that Puno’s wires 120 do not constitute a
tension stable fastening element as recited in claim 15,
Partridge discloses a plastic tie adapted to wrap around and
secure the parts of a fractured bone. In Partridge’s words,
the tie
comprises an elongate flexible strap 1 having
ratchet teeth 2 on one face thereof. A widened
portion 3 is provided at one end of the strap, the
portion 3 containing a slot 4 of sufficient width to
receive the strap 1 when the end of the strap is
bent round and passed through the slot. Extending
into the slot 4 is a tongue 5 which acts as a pawl
engaging the ratchet teeth when the strap is passed
through the slot to prevent withdrawal of the strap
therefrom [column 1, lines 54 through 62].
It is not disputed that the Partridge tie is a tension
stable fastening element of the sort recited in the appealed
claims.
According to the examiner, it would have been obvious “in
view of Partridge, to use a fastening element that is movable
only in one direction to replace the fastener 120 of Puno et
al in order to be able to more easily and securely tighten the
fixation device into place” (main answer, page 5; supplemental
answer, pages 5 and 6).
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