Appeal No. 96-0456
Application No. 08/072,654
Burdick as not reasonably pertinent to the particular problem
of the inventors-that of securing a catheter, cannula or the
like in the body of a human or other animal.
Furthermore, the examiner's finding that the thread
profile of Burdick, which is disclosed as not crushing wood
fiber, would function to secure a trocar guide tube in human
tissue without being destructive thereof is purely
speculative. In our view, this finding by the examiner is not
supported by any disclosure in Burdick, nor is it supported by
a convincing rationale stated by the examiner. Therefore, it
lacks the factual basis required to validate a rejection under
Section 103. See In re GPAC, Inc., 57 F.3d 1573, 1581, 35
USPQ2d 1116, 1123. Additionally, the examiner's conclusion
that the thread profile of Burdick satisfies appellants'
claimed ratio of 6-to-1 and has a radius of curvature of .07
inches to .09 inches is again apparently based on speculation.
There is no express disclosure in Burdick of such features.
The drawing of Burdick is not of sufficient detail to glean
such information. The examiner may not resort to speculation,
unfounded assumptions or hindsight reconstruction to supply
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