Appeal No. 97-2888
Application 08/389,077
Michelson '943 discloses first and second side frame
members each comprising a three-sided closed loop
construction. The examiner's position is that the shape of
the first and second side frame members is a matter of design
choice.
Appellant, on the other hand, argues that the
specification identifies an advantage of the five-sided
construction over the three-sided construction shown by the
prior art, e.g., that the five-sided construction permits the
use of a shorter bottom horizontal member, but retains the
strength and stability of the three-sided construction. As
appellant points out, the specification discloses that, as a
result of a shorter bottom horizontal member, the appellant's
frame may be positioned closer to the end of the operating
table to provide the surgeon with improved access to the
patient's spine when the operating table is pitched at a 45E
angle (specification, pages 3, 4 and 9). Accordingly, the
specific five-sided frame construction solves a
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