Appeal No. 97-0935
Application 08/340,905
cited to show a bone fixation device having a shaft with a
head 11 and a tip 2. The head has a central indentation 8
which is a hexagonal socket for admitting an instrument or
tool to screw the device into a bone. Therefore, the examiner
is of the opinion that it would have been obvious to provide
the screw of Collison with a hexagonal socket as taught by
Gustilo.
OPINION
We have carefully reviewed the rejections on appeal
in light of the arguments of the appellants and the examiner.
As a result of this review, we have determined that the
applied prior art provides evidence sufficient to establish
the unpatentability
of claims 14, 3, and 6 through 10. The prior art does not
establish the unpatentability of claims 2, 4 and 5.
Furthermore, with respect to the rejection of claim 8 under 35
U.S.C. § 112, we are in agreement with the appellants that the
metes and bounds of the claim can readily be determined.
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