Appeal No. 96-3696
Application No. 08/242,987
We therefore shall interpret the phrase “over said bone” in
the manner expressed above. 3
Considering this interpretation, the Bowman template 28
is not “over” the bone, but is lateral of the bone. This
being the case, while Bowman discloses guide means secured
adjacent to the bone for positioning the template means, it
does not disclose or teach means for positioning the template
means “over” the bone portion. Nor does the Bowman alignment
means align the template means “over” the bone portion in the
medial-lateral direction.
In view of the foregoing, we have concluded that Bowman
does not anticipate the structure recited in claim 1 and we
will not sustain the rejection of this claim or of those that
depend from it.
Independent claim 15 is directed to an apparatus used
with an “extramedullary alignment guide” to position the guide
with respect to the bone. The apparatus includes a planar
3We note that while the term “over” is not used in the
description of the invention in the specification, it is
present in the original claims.
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