Appeal No. 95-2111
Application 07/771,173
a tip for performing root canals and
apicoectomies...which is illustrated as
tapered and thus inherently produces an
annular output [examiner’s answer at page
6]
In our opinion, the examiner has no reasonable basis
for finding that the optical tip in Vassiliades inherently
produces an “annular pattern.” In contrast to Sinofsky, where
the gradually tapered tip 62 is expressly disclosed at col. 6,
lines 25-41 as being shaped in a manner which results in light
being gradually directed outwardly, no such express disclosure
is found in Vassiliadis regarding the direction of light
output. The examiner has provided no convincing technical
explanation, and none is apparent to us, as to why the
relatively bluntly tapered laser tip 212 of Vassiliadis would
inherently divert laser light in an “annular pattern” as
called for by claim 1. In this regard, and in contrast to the
examiner, we do not view Sinofsky as establishing that a
tapered tip will necessarily produce an “annular pattern.”
Accordingly, the examiner’s position regarding the inherent
characteristics of Vassiliadis is not well founded. It
follows that we cannot sustain the examiner’s anticipation
rejection of claims 1 and 8 based thereon.
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