Ex parte HUTCHINS et al. - Page 2




          Appeal No. 97-3184                                                          
          Application 29/048,245                                                      



               The references relied upon by the examiner are:                        
          Mongeon                  4,386,609                June 7, 1983              
          Walen                    Des. 343,247             Jan. 11, 1994             
          Goris                    Des. 362,065             Sep.  5, 1995             
          The Hall Blade and Bur Book, “Stryker Sagittal Saw Blade”                   
          (Item 5052-300)(Zimmer) 1992. (Hall)                                        

               The claim stands rejected under 35 U.S.C. § 103(a) as being            
          unpatentable over Goris in view of Walen, Mongeon and Hall.  This           
          rejection is explained on page 3 of the answer.                             
               Reference is made to pages 2-6 of the brief and pages 4-11             
          of the answer for the arguments of the appellants and examiner in           
          support of their respective positions.                                      


                                       OPINION                                        
               Having carefully considered the respective positions                   
          advanced by the appellants in the brief and the examiner in the             
          answer, it is our conclusion that the references relied on by the           
          examiner fail to establish the obviousness of the design claim on           
          appeal within the meaning of 35 U.S.C. § 103.                               





                                          2                                           





Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November 3, 2007