Appeal No. 2001-2074
Application 08/552,143
result of this review, we have determined that the applied prior
art does not establish a prima facie case of obviousness with
respect to the claimed subject matter. Accordingly, the
rejections of all claims on appeal are reversed. Our reasons
follow.
We find ourselves in agreement with appellant’s second
argument that there is no motivation to modify the Daum
invention. We are in agreement with the examiner that bevelled
tips are indeed well known on the end of sharpened medical
devices. However, we are in agreement with appellant that it
would not have been obvious to use such a bevelled tip on the
tubes of Daum. We have closely read the translation of the Daum
Offenlegungsschrift and we agree with appellant that there is no
indication therein that the device disclosed in Daum is for
forming the initial penetration into the body. In our view,
Daum merely discloses the assembly being inserted into an
existing body cavity, or being inserted in a hole previously
formed in the body by a trocar or the like. Thus, we find that
there is no motivation, incentive or suggestion for providing the
claimed bevelled distal tip on the cannula. Likewise, we find no
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