Ex Parte Malackowski et al - Page 13

                Appeal 2006-1914                                                                               
                Application 09/764,609                                                                         

           1          From our review of the Nogler Declaration we make the following                          
           2       findings of fact:                                                                           
           3       32.  I [Dr. Nogler] understand that the current application has been                        
           4       rejected because the invention as claimed is considered obvious in view                     
           5       of a patent that discloses a wired or tethered instrument communicating                     
           6       with a surgical navigation system.  (Nogler, p. 2,  5.)                                    
           7                                                                                                   
           8       33.  I [Dr. Nogler] believe that the use of wireless communication                          
           9       between an active smart instrument and a surgical navigation system has                     
          10       been recognized as a significant advance.  (Nogler, p. 2,  6.)                             
          11                                                                                                   
          12       34. The use of a wireless hand piece that can be tracked by the surgical                    
          13       navigation system is much less cumbersome and provides a significantly                      
          14       greater range of motion to me in performing these surgical techniques                       
          15       allowing me to perform these tasks properly, in less time and with lower                    
          16       fatigue A wired handpiece has a wire that drags, can catch on other                         
          17       instruments and wires, and will actually pull against the direction  I need                 
          18       to move the hand piece.  (Nogler, p. 2,  6 / c.)                                           
          19                                                                                                   
          20          From our review of the Klarsfeld Declaration we make the following                       
          21    findings of fact:                                                                              
          22       35.  I [Dr. Klarsfeld] understand that the current application has been                     
          23       rejected because the invention as claimed is considered obvious in view                     
          24       of a patent that discloses a wired or tethered instrument communicating                     
          25       with a surgical navigation system.  (Klarsfeld, p. 2,   5.)                                
          26                                                                                                   
          27       36. I [Dr. Klarsfeld] believe that the use of wireless communication                        
          28       between an active smart instrument and a surgical navigation system has                     
          29       been recognized as a significant advance.  (Klarsfeld, p. 2,   6.)                         
          30                                                                                                   
          31       37. The use of a wireless hand piece that can be tracked by the surgical                    
          32       navigation system is much less cumbersome and provides a significantly                      
          33       greater range of motion to me in performing these surgical techniques                       
          34       allowing me to perform these tasks properly, in less time, and with lower                   
          35       fatigue. A wired hand piece has a wire that drags, can catch on                             

                                                      13                                                       

Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: September 9, 2013