Ex parte MCGREGOR et al. - Page 3




          Appeal No. 97-0111                                                          
          Application 08/139,251                                                      



                    Claims 1 through 7 stand rejected under 35 U.S.C. § 103           
          as being unpatentable over Everett in view of Chisman and                   





          McGregor.  According to the examiner,                                       
                    Samuel [sic, Everett] discloses a cold-                           
                    working method for manufacturing a surgical                       
                    needle.  Chisman teaches particular lengths                       
                    may be cut from a blank material and the                          
                    desired geometrical shapes may be formed.                         
                    McGregor et al disclose a needle shaped                           
                    before treating it.  See column 6, lines 50-                      
                    56.  It would have been within the purview of                     
                    one having ordinary skill in the art at the                       
                    time of applicants’ invention to form Samuel                      
                    [sic] needle by first bending it then cold-                       
                    working treatment (final rejection, page 2).                      


                    Rather than reiterate the examiner's full explanation             
          of the above-noted rejection and the conflicting viewpoints                 
          advanced by the examiner and appellants regarding the rejection,            
          we make reference to the final rejection (Paper No. 8, mailed               
          July 21, 1995) and the examiner's answer (Paper No. 11, mailed              
          March 19, 1996) for the examiner's reasoning in support of the              
          rejection, and to appellants' brief (Paper No. 10, filed                    
          December 26, 1995) for appellants' arguments thereagainst.                  

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