Ex Parte BEALE - Page 12



                Appeal 2007-1432                                                                             
                Application 09/141,186                                                                       
                Patent 5,549,673                                                                             

                      28. In the First Amendment at page 5, last two full paragraphs, and                    
                in the Second Amendment at page 6, last two full paragraphs, Appellant                       
                argued the following:                                                                        
                            The Examiner felt that Claims 14-16 recited patentably                           
                      unobvious subject matter because the prior art does not show                           
                      the claimed features and the instant disclosure appears to recite                      
                      criticality . . . of the specific holding portion, inserting                           
                      instrument and engaging means configuration over the prior art,                        
                      i.e., faster, simpler, efficient locking.                                              
                            Claims 14-16 have been rewritten in independent form                             
                      and are believed allowable in view of the Examiner’s                                   
                      comments.  All of these claims now include a holding portion[,]                        
                      inserting instrument and engaging means.                                               
                The argument addressed limitations (1)-(3) [see Finding of Fact 27] found in                 
                Appellant’s amended claims 14-16.                                                            
                      29. On August 21, 1995, the Examiner entered a Final Office                            
                Action (“Final Action”).                                                                     
                      30. Claims 14-16 were indicated as allowable.  Claims 13 and                           
                18-19 were again rejected under 35 U.S.C. § 103 as being unpatentable                        
                over Koufman, Isshiki, Stevens, and Ripple.                                                  
                      31. On January 25, 1996, Appellants filed an After Final                               
                Amendment (“the After Final Amendment”) responding to the Examiner's                         
                Final Office Action.                                                                         
                      32. The After Final Amendment cancelled claims 13 and 18-19.                           




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