Ex parte BERTIN et al. - Page 7




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


          member paralleling a portion of the bone and including a means              
          for centering the planar member “over” the bone.                            
               In the Bowman system, the alignment guide comprises a rod              
          40  “adapted to be inserted into the medullary canal in the                 
          tibia bone” (column 2, lines 38 and 39, emphasis added).  All               
          of the  other elements of the mechanism that aligns planar                  
          member 28 are carried by rod 40, including the means for                    
          centering it.  It is clear that Bowman utilizes an                          
          intramedullary guide, rather than the extramedullary guide                  
          required by this claim, and the rejection fails at the outset.              
          Moreover, there thus is no “body part adapted for longitudinal              
          connection to said extramedullary guide,” “planar member                    
          paralleling a portion of said bone when said extramedullary                 
          guide is properly positioned with respect to said bone,” or                 
          “means for centering said planar member over said bone when                 
          the extramedullary guide is properly positioned with respect                
          to said bone.”                                                              
               Since Bowman fails to disclose all of the required                     
          structure, it does not anticipate claim 15 and the rejection                
          of this claim and those which depend from it is not sustained.              


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