Appeal No. 96-0456
Application No. 08/072,654
Accordingly, the rejections on appeal are reversed. Our
reasons follow.
We are in agreement with the examiner's finding of fact
with respect to Von Albertini as stated at the conclusion of
page 3 of the examiner's answer. We also agree that Von
Albertini does not disclose the specific thread structure to
prevent coring of body tissue and to allow easy and secure
insertion of the positioning device.
Turning to a consideration of the Burdick reference, we
note that Burdick discloses a wood-screw or lag screw for use
in wooden materials. Appellants' chief argument with respect
to the rejections on appeal is that Burdick is non-analogous
art. We are in agreement with the appellants that the Burdick
reference is non-analogous art and as such cannot be properly
considered as pertinent prior art under Section 103. See In
re-Pagliaro 657 F.2d 1219, 1224, 210 USPQ 888 (CCPA 1981).
First of all, the Burdick reference is clearly outside the
inventors' field of endeavor, as the appellant's specification
makes clear that the inventors' field of endeavor is that of
trocars, catheters, cannulas and the like for use in humans or
other animals. Secondly, we consider the wood screw of
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