Ex parte SCHAVAN et al. - Page 2




          Appeal No. 97-0935                                                          
          Application 08/340,905                                                      



          PATE, Administrative Patent Judge.                                          




                                 DECISION ON APPEAL                                   
                    This is an appeal from the examiner's refusal to                  
          allow claims 2 through 10 and 14 as amended after final rejec-              
          tion.  These are the only claims remaining in the application.              
                    The claimed invention is a plate and screw assembly               
          for orthopedic repair and bone surgery.  The screw portion of               
          the assembly is characterized by a shaft having threads                     
          thereon.  The forward portion of the shaft has a tip "shaped                
          as a drill."  A further understanding of the claimed subject                
          matter can be had  by reference to the appealed claims                      
          appended to the appellants' Brief.                                          
                    The references of record relied upon as evidence of               
          obviousness are:                                                            
          Collison                        2,494,229      Jan.  10, 1950               
          McHarrie et al. (McHarrie)      4,360,012      Nov.  23, 1982               
          Gustilo                         4,463,753      Aug.   7, 1984               
          Stednitz                        4,537,185      Aug.  27, 1985               
          Wagenknecht                     4,978,350      Dec.  18, 1990               
          Borzone                         5,242,447      Sept.  7, 1993               


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