Ex parte RIEK et al. - Page 10

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

          wire does not necessarily cut, does so in the context of the                
          spiral or wire being “smoothly contoured” (Auburn) or                       
          “rounded” (Alvord).  Accordingly, based on the evidence before              
          us, we are of the opinion that the appellants’ original                     
          disclosure taken as a whole reasonably conveys to the artisan               
          that the edges on the spiral or wire 48 depicted in Fig. 7 of               
          the drawing are “cutting edges.”                                            
                    As to the examiner’s contention that there is no                  
          descriptive support for an “advancing element,” the                         
          appellants’ specification clearly states that during the                    
          penetration of body tissue that “[v]ia the rotating spiral 48               
          and the attached thereto thread 24, the trocar bores into the               
          tissue” (see     page 16, lines 2-4; emphasis ours).  This                  
          being the case, we do not believe it can seriously be                       
          contended that the appellants’ original disclosure reasonably               
          conveys to one of ordinary skill in this art that the                       
          appellants were in possession of “an    advancing element” as               
          of the filing date sought.                                                  


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