Ex parte NICHTER - Page 9




                 Appeal No. 96-2866                                                                                       Page 9                        
                 Application No. 08/185,221                                                                                                             


                 frequency and force to minimize temperature elevation and                                                                              
                 thermal necrosis as claimed.                                                                                                           
                          There is further no descriptive support for the recitation                                                                    
                 in independent claim 24 that the "fixation wire" (which as                                                                             
                 broadly recited includes all such wires) requires                                                                                      
                 "comparatively more force" for removal from the bone than would                                                                        
                 be required for such a wire that was inserted by rotation.                                                                             
                 Fig. 8 of the drawing is directed to a bar chart that provides                                                                         
                 a comparative showing of the mean peak pull out force for each                                                                         
                 of three wires of different diameter.   This comparative           4                                                                   
                 showing reveals that the mean peak pull out force for the                                                                              
                 Kirscher wires installed by a rotary drill are in some cases                                                                           


                          4According to pages 10-12 of the specification three                                                                          
                 different-sized trocar-tipped Kirscher or K-wires (0.028,                                                                              
                 0.045 and 0.062 inches in diameter) were evaluated for                                                                                 
                 drilling force and pull-out force on the tibias of two                                                                                 
                 rabbits.  With respect to this evaluation the specification                                                                            
                 states that:                                                                                                                           
                                   Five new K-wires for each size were tested on                                                                        
                          three tibias using either the rotary or oscillating                                                                           
                          drill.  Each tibia had ten drilled holes, 4mm apart,                                                                          
                          equally spaced along the mid-diaphysis.  The SAS t-                                                                           
                          test was used to evaluate the differences in mean                                                                             
                          peak axial loads and mean peak pull-out forces for                                                                            
                          thirty point configurations for the two drills.                                                                               
                          [Pages 10 and 11.]                                                                                                            







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