Ex parte SLATER et al. - Page 13




          Appeal No. 97-2486                                                          
          Application No. 08/308,983                                                  

               Eggers.  The instrument would short circuit.                           
               [Brief, page 10.]                                                      
               The appellants' contentions are not persuasive.  In the                
          embodiment of Fig. 6C, Eggers provides end effectors 118, 119               
          having non-conductive bodies that are formed of "an                         
          electrically insulating material, e.g., a ceramic material . .              
          ." (column 14, lines 51-53).  While Eggers does not                         
          specifically state what process is employed to form the non-                
          conductive bodies of ceramic material, Eggers does state (as                
          we have noted above with respect to the rejection of claim                  
          37), that in the embodiment of Fig. 6A, the metallic bodies                 
          may be formed by die casting or injection molding (see column               
          11, in lines 20-25).  This statement by Eggers regarding the                
          embodiment of Fig. 6A would have fairly suggested to the                    
          artisan to likewise make the ceramic non-conductive bodies in               
          the embodiment of Fig. 6C by either die casting or injection                
          molding.  In any event, Stasz teaches an electrosurgical                    
          instrument (albeit a scalpel) wherein the non-conductive body               
          is formed by "injection molding a green ceramic and then                    
          firing the molded part" (column 2, lines 65 and 66).  Thus,                 
          Stasz teaches that when forming the non-conductive of body of               
          an electrosurgical instrument of a ceramic material, an                     
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