Appeal No. 96-2866 Page 2
Application No. 08/185,221
We REVERSE and, pursuant to our authority under the
provisions of 37 CFR § 1.196(b), we will enter new rejections
of the appealed claims.
The appellant's invention pertains to a method for
fixating a bone by utilizing a wire having a cutting means
disposed on one end thereof. Independent claim 20 is further
illustrative of the appealed subject matter and a copy thereof
may be found in the appendix to the brief.
The prior art relied on by the examiner is:
Longfellow 2,143,922 Jan. 17, 1939
Leuenberger 4,111,208 Sep. 5, 1978
Bray 4,596,243 Jun. 24,
1986
Additional prior art relied on by this merits panel of the
Board is:
The prior art depicted in Fig. 5 of the drawings and described
on pages 1 and 8 of the specification (the admitted prior art).
Claims 20, 22, 24 and 26 stand rejected under 35 U.S.C. §
103 as being unpatentable over Longfellow in view of
Leuenberger.
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