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 Collins. 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. 9Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007