Appeal No. 97-0974
Application No. 08/234,294
In response to the appellant's argument that Raab does
not teach the automatic selection of different modes, the
answer states that:
Appellant contends that the sensing means does not
change modes automatically because the surgeon uses
the foot pedal to select the modes. However, the
reference clearly teaches that the surgeon selects
the operation desired but the sensing mode is
automatically changed, i.e., the sensing system, the
part of the apparatus which senses the tool location
[a]nd indicates the position on the screen,
automatically reacts to the surgeon's selection by
the shifting of a line-drawing mode for drilling,
for example, to a line-drawing mode for sawing. The
surgeon does not have to also switch the tool
position sensing system when he switches operation
procedures. [Page 7.]
The examiner, in our view, is attempting to expand the meaning
of "automatically" beyond all reason. It does not follow that
just because some automatic operation takes place after a
particular mode has been manually selected, that there is an
"automatic" selection of the sensing modes as claimed. The
actual selection in Raab requires manual intervention on the
part of the surgeon (i.e., the foot pedal must be operated
when each selection of a mode is made). We can think of no
circumstances under which one of ordinary skill in the art
would consider the foot-operated device of Raab to operate
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007