Ex parte MCGREGOR et al. - Page 4




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



          OPINION                                                                     
                    In reaching our decision in this appeal, we have given            
          careful consideration to appellants' specification and claims, to           
          the applied prior art references, and to the respective positions           





          articulated by appellants and the examiner.  As a consequence of            
          this review, we have made the determination that the examiner's             
          rejection under 35 U.S.C. § 103 will not be sustained.  Our                 
          reasons follow.                                                             


                    After careful review of the applied references, we must           
          agree with appellants that there is no teaching, suggestion or              
          incentive in the applied references which would have led one of             
          ordinary skill in the art to their combination so as to arrive at           
          the process for producing a suture needle as claimed by                     
          appellants.  All of the applied references disclose and teach               
          cold-working of the metal wire prior to bending the wire into its           
          curved suture needle configuration.  See Everett page 2,                    
          lines 37-63; Chisman column 3, line 56 -- column 4, line 37;                
          and McGregor column 6, lines 22-41.                                         
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