Ex parte RIEK et al. - Page 9

                 Appeal No. 97-2600                                                                                                                     
                 Application 08/500,091                                                                                                                 

                 For example, the supplemental declaration by John M. Collins                                                                           
                 states that:                                                                                                                           
                                            1.  Auburn 4,191,191 clearly teaches                                                                        
                                   that the trocar of Figs. 1, 2 and 3 has                                                                              
                                   helical ridges forming a screw thread                                                                                
                                   arrangement 32.  The helical ridges 32 of                                                                            
                                   Fig. 3 are “sharp pointed” (column 3, lines                                                                          
                                   10-11) and produce “a gradual cutting” of                                                                            
                                   the abdominal wall (column 2, line 64).                                                                              
                                   Accordingly, one skilled in the art would                                                                            
                                   recognize that the sharp edge of Fig. 3 of                                                                           
                                   Auburn is a cutting edge, and would                                                                                  
                                   recognize that the wire 48 of Riek et al                                                                             
                                   [the instant application] has the same edge                                                                          
                                   and shape as Fig. 3 of Auburn and therefore                                                                          
                                   know that since both trocars are to be                                                                               
                                   rotated to penetrate, the wire 48 of Riek                                                                            
                                   et al provides an edge which cuts tissue                                                                             
                                   when moved along tissue, and therefore is a                                                                          
                                   cutting edge.[ ] [Page 1.]4                                                                                           

                 See also paragraphs 8 and 9 of the first declaration by                                                                                
                 On the other hand, the evidence relied on by the examiner                                                                              
                 (i.e., Auburn and Alvord), while establishing that a spiral or                                                                         

                          4Using the same reasoning, the edges 24 depicted in the                                                                       
                 Fig. 7 of the appellants’ drawing are apparently likewise                                                                              
                 cutting edges.                                                                                                                         

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