Appeal No. 96-2866 Page 13
Application No. 08/185,221
degree (thus diminishing the risk of modification of the
cellular structure, notably bone). In light of Leuenberger's
teachings, one of ordinary skill in this art would have found
it obvious to oscillate the fixation wire of the admitted prior
art in order to achieve Leuenberger's expressly stated
advantages of (1) avoiding damage to surrounding soft tissue
caused by unidirectional rotation of the drilling implement and
(2) diminishing the amount of heat generated to a large degree
(thus diminishing the risk of modification of the cellular
structure of the bone).
As to the step of selecting the oscillating frequency and
the force so as to "minimize" temperature elevation and thermal
necrosis of the bone, the selection of an optimum value is
ordinarily an obvious matter which is within the skill of the
art. Note In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934,
1936-37 (Fed. Cir. 1990), In re Boesch, 617 F.2d 272, 276, 205
USPQ 215, 219 (CCPA 1980), In re Fields, 304 F.2d 691, 695-96,
134 USPQ 242, 245 (CCPA 1962), In re Troiel, 274 F.2d 944, 949,
124 USPQ 502, 505 (CCPA 1960) and In re Aller, 220 F.2d 454,
456, 105 USPQ 233, 235 (CCPA 1955).
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