Ex Parte Shaw - Page 5




          Appeal No. 2003-0760                                                         
          Application No. 05/730,221                                                   


          ceramic in a surgical blade was known in the art, we will not                
          sustain this rejection.                                                      
          The Rejection under 35 U.S.C. § 103(a)                                       
          of Claims 27-30 and 32-37                                                    
               We will not sustain this rejection.                                     
               In the first place, Meyer discloses a cauterizing wire D.               
          Wire D is not disclosed as forming a cutting edge.  Accordingly,             
          combining the teachings of Meyer and Marcoux does not result in a            
          method utilizing a cutting edge.                                             
               Furthermore, assuming for purpose of argumentation that wire            
          D of Meyer forms a cutting edge, the examiner did not establish              
          that Meyer or Marcoux, or the combination thereof, suggests for              
          any reason the desirability of increasing power dissipation in               
          selected regions along a cutting edge to maintain the temperature            
          of the cutting edge substantially within a selected operating                
          range.  The problem addressed by appellant is not recognized by              
          the prior art.  That problem is to prevent significant increased             
          bleeding in fleshy areas of a corpus which tend to cool adjacent             
          portions of a cutting edge.  Appellant accomplishes this by                  
          increasing power dissipation in those adjacent portions of the               
          cutting edge so as to maintain the temperature of the edge                   

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