Ex parte CICCOLLELLA et al. - Page 2




                 Appeal No. 96-0456                                                                                                                     
                 Application No. 08/072,654                                                                                                             


                          The claimed invention is directed to a trocar positioning                                                                     
                 device.  The device has an inner housing with gripping                                                                                 
                 fingers.  The gripping fingers on the inner housing cooperate                                                                          
                 with an outer housing to frictionally grip the trocar guide                                                                            
                 tube.  The outer housing is provided with a threaded section,                                                                          
                 the threads of which engage the body tissue to lock the trocar                                                                         
                 positioning device in place.  The threads have a special                                                                               
                 thread profile to securely lock the trocar positioning device                                                                          
                 while doing little damage to body tissue.  Claim 12 reproduced                                                                         
                 below is illustrative of the claimed subject matter:2                                                                                  
                 Claim 12.  A trocar positioning device comprising:                                                                                     
                          (i) first housing means configured and dimensioned to                                                                         
                 slidably engage a trocar guide tube, said first housing means                                                                          
                 having guide tube gripping means for selectively gripping the                                                                          
                 guide tube; and                                                                                                                        
                          (ii) second housing means configured and dimensioned to                                                                       
                 engage said first housing means to cause said gripping means                                                                           
                 to grip the guide tube and prevent movement of said trocar                                                                             
                 positioning device relative to the guide tube, said second                                                                             
                 housing means having tissue engaging thread means for engaging                                                                         

                          2We note that paragraph ii of claim 12 states that the                                                                        
                 thread means extend from said second housing to a thread apex.                                                                         
                 In fact, the thread means is formed intergrally with the                                                                               
                 second housing.  Therefore the claim should state that the                                                                             
                 thread means extend from the cylindrical surface of the second                                                                         
                 housing.  This indefiniteness is worthy of correction in any                                                                           
                 prosecution before the examiner.                                                                                                       
                                                                           2                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007