Appeal No. 2001-0611
Application No. 08/742,733
the desired porosity in the modified implant device of Moumene.
Obtaining the claimed glass fiber content of 10% by volume and
the claimed interstices between nonembedded portions of the coils
ranging from 150 to 200 micrometers are thus viewed as simply the
discovery of optimum values of result effective variables. This
is especially so in that appellants do not attribute any
unexpected result to the claimed values for these variables. See
In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955); In
re Boesch, 617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980); In
re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir.
1990).
In light of the foregoing, we shall sustain the rejection of
claims 11-17, 43 and 44 as being unpatentable over Moumene in
view of Bokros.
The § 103 rejection of claims 26-33 as being unpatentable over
Goble
Independent claim 26 is directed to an intramedullary
implant comprising a first piece having an end having a
protruding member thereon, a second piece having an end having a
cavity formed therein for receiving the protruding member of the
10
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007