Ex parte BERTIN et al. - Page 2




                 Appeal No. 96-3696                                                                                                                     
                 Application No. 08/242,987                                                                                                             


                 indicated as containing allowable subject matter, and claims 2                                                                         
                 and 18-20 have been canceled.  No claims have been allowed.                                                                            
                          The subject matter before us on appeal is an apparatus                                                                        
                 for guiding a device for milling a portion of exposed bone.                                                                            
                 It is illustrated by reference to claim 1, which has been                                                                              
                 reproduced in an appendix to the Appellant’s Brief.                                                                                    


                                                                THE REFERENCE                                                                           
                          The reference relied upon by the examiner to support the                                                                      
                 final rejection is:                                                                                                                    
                 Bowman et al. (Bowman)                                4,952,213                                    Aug. 28,                            
                 19902                                                                                                                                  


                                                                THE REJECTION                                                                           
                          Claims 1, 3-7 and 9-17 stand rejected under 35 U.S.C.                                                                         
                 § 102(b) as being anticipated by Bowman.                                                                                               
                          The rejection is explained in the Examiner's Answer.                                                                          



                          2Although the examiner has listed twenty-seven references                                                                     
                 in the Answer as being relied upon in the rejection of the                                                                             
                 claims, the fact is that only Bowman has been applied in the                                                                           
                 rejection.                                                                                                                             
                                                                           2                                                                            





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