Appeal No. 96-2866 Page 12
Application No. 08/185,221
Claims 20 and 21 are rejected under 35 U.S.C. § 103 as
being unpatentable over the admitted prior art in view of
Leuenberger. The admitted prior art teaches a method of
fixating bone by means of a wire having a cutting means at one
end thereof comprising the steps of (1) unidirectionally
rotating the wire, (2) pressing one end of the wire with a
force that causes the wire to penetrate the bone and (3)
fixating the bone with the wire, wherein the wire remains in
the bone for a period of time sufficient for the bone to heal.
Leuenberger, however, teaches that, when drilling bone with a
unidirectional rotatable movement of a boring or drilling
implement, damage of surrounding soft portions of the body may
occur (see column 1, lines 14-22). In order to overcome this
problem, Leuenberger teaches that the drilling implement
(albeit a drill, miller or broaching tool; see column 1, line
32) should be advanced through the bone utilizing an
alternating or oscillating movement (rather than unidirectional
rotary movement). Leuenberger in lines 25-42 of column 1
reveals that, not only does such oscillating movement prevent
damage of the soft tissue due to the motion of the tool or
implement, but that it also diminishes heating to a large
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