Appeal No. 96-2192
Application 08/306,856
actuation knob of a surgical instrument. Furthermore, in the
context of the Figure 3 embodiment as well as the Figure 1 and
2 embodiments, the discussion at the top of page 15 is
telling. It appears that this discussion may be read to
enhance or modify any and all of the three embodiments in such
a manner as to indicate that a counter device or monitoring
device of the disclosure may be included in a handle of a
surgical instrument and may in any event perform a blocking
and counting function by “meeting with the recycled moving
shaft of a surgical instrument, as described above.” We are
of the view that the artisan would have been required to
exercise only a reasonable or routine degree of
experimentation to have applied the teachings and showings of
the Figures 1 and 2 embodiments to the laparoscopic device
shown in Figure 3f of the disclosed invention.
In view of the foregoing, we have reversed the rejection
of claims 2 through 4 under the second paragraph of 35 U.S.C.
§ 112. We have also reversed the rejection of claims 2
through 4, 30 and 31 under the first paragraph of 35 U.S.C. §
112. Therefore, the decision of the examiner is reversed.
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