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. 3Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007