Appeal No. 2002-1888
Application No. 09/185,493
application), and Ries2. While Brimmer reveals the tool
alternative in the art of not completely severing a sheath, each
of the Miller and Ries patents evidence the knowledge in the art
of the tool alternative of completely severing a sheath. The
examiner should determine whether it would have been obvious to
one having ordinary skill in the art, when appellant’s invention
was made, to configure the knife blades of Brimmer to effect a
complete sheath severing in light of the known alternative in the
art of complete sheath severing, as taught by each of Miller and
Ries.
In summary, this panel of the board has reversed each of the
rejections on appeal, and remanded the application for
consideration of the matter discussed above.
2 U.S. Patent No. 1,800,317 to Ries et al (Ries), a copy of
which is appended to this decision.
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