Ex parte NICHTER - Page 11




          Appeal No. 96-2866                                        Page 11           
          Application No. 08/185,221                                                  


          skill in the art.  In re Angstadt, 537 F.2d 498, 504, 190 USPQ              
          214, 218 (CCPA 1976).  Moreover, the specification must teach               
          those of skill in the art how to make and use the invention as              
          broadly as it is claimed.  See In re Goodman, 11 F.3d 1046,                 
          1050, 29 USPQ2d 2010, 2013 (Fed. Cir. 1993).                                
               Here, as we have noted above in the rejection of these                 
          claims based on a lack of descriptive support, independent                  
          claim 24 sets forth 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 a               
          fixation wire that was inserted by rotation.  The appellant's               
          disclosure provides no adequate teaching of how all fixation                
          wires may installed or inserted in such a manner so as to                   
          require "comparatively more force for removal" from the bone                
          than would be required for a fixation wire installed by                     
          rotation.  According to the comparative showing in Fig. 8, the              
          appellant's disclosed method, at the most, will result in only              
          some the fixation wires (dependent upon the particular diameter             
          and particular location on the tibia) requiring comparatively               
          more force for removal.                                                     








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