Appeal No. 96-2866 Page 7
Application No. 08/185,221
(Fed. Cir. 1997) and In re Wohnsiedler, 315 F.2d 934, 937, 137
USPQ 336, 339 (CCPA 1963). See also In re Barker, 559 F.2d at
593, 194 USPQ at 474, wherein the court, in quoting with
approval from In re Winkhaus, 527 F.2d 637, 640, 188 USPQ 129,
131 (CCPA 1975) set forth: “That a person skilled in the art
might realize from reading the disclosure that such a step is
possible is not a sufficient indication to that person that the
step is part of appellants’ invention.”
With these authorities in mind, we have carefully reviewed
the original disclosure and fail to find descriptive support
for the recitation in independent claim 20 of the step of
selecting said selected oscillating frequency and
said selected force to minimize temperature elevation
and thermal necrosis of said bone and its surrounding3
tissue. [Footnote added.]
It is stated on page 7 of the specification that
less force is required utilizing the method of the
present invention as is necessary for the advancement
of the wire when the wire is rotated in accordance
with the prior art, at a speed equal to the
oscillation frequency of the wire 16. The
3The American Heritage Dictionary, Second College
Edition, 1982, Houghton Mifflin Company, Boston, MA, defines
"necrosis" as -- The pathologic death of living tissue in a
plant or animal --.
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