Appeal No. 97-2867
Application No. 29/012,093
BACKGROUND
The claimed invention
The claimed invention is a design for a burr shaft. As
shown in Figures 1 and 6 for example, the design includes a long
cylindrical shaft with an annulus a short distance from one end.
The annulus is separated into contiguous detents. At various
rotational orientations, the elevational view shows a cut-away
annulus profile as in Figures 13-15 and 21 or a straight
uninterrupted profile as in Figures 19 and 20.
The Mattchen reference
Mattchen discloses a chisel 10 as part of a tool for cutting
through bone. As shown in Figure 1, chisel 10 narrows from shank
11 to cutting edge 13. Column 10, lines 18-20. As shown in
Figures 3 and 5, shank 11 is polygonal. Between each two flat
sides is an axially elongated edge. Each edge is interrupted by
a detent 12 a short distance from one end.
The examiner’s rejection
The design claim stands rejected under 35 U.S.C. § 103 as
unpatentable over Mattchen.
It is the examiner’s position that the claimed design is
substantially disclosed by Mattchen except for a change in
geometric shape of the shaft from polygonal to round. Examiner’s
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