Appeal No. 96-2866 Page 8
Application No. 08/185,221
oscillation frequency may be varied and is dependent
upon many factors. However, it has been found that
when the wire is oscillated at about 1200
oscillations per minute during advancement into the
bone tissue, successful fixation may be obtained.
Page 8 of the specification also states
that the method in accordance with the present
invention, utilizing an oscillating drill, generates
less temperature elevation and less thermal damage.
The apparatus and method of the present invention
also may enable the insertion of K-wires at the same
insertional force but lower rotational speeds, or
vice versa, in order to reduce temperature elevation
during drilling. This may have the beneficial result
of causing less complications from thermal damage and
a stronger wire holding strength over time.
It does not follow, however, that just because the
specification states that (1) less force is required when the
Kirscher wires are oscillated rather than rotated, (2) the
oscillation frequency may be varied, (3) utilizing an
oscillating drill generates less temperature elevation and less
thermal damage and (4) the same force but lower rotational
speeds, or vice versa, may reduce temperature elevation, that
the appellant was in possession at the time of the filing of
the application of the step of selecting the oscillating
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