Appeal No. 97-2888
Application 08/389,077
claims 2-5, 7, 13-15, 19, 23, 33, 40 and 43 under 35 U.S.C. §
103 over Michelson '943 in view of Heffington is reversed for
failure to establish a prima facie case.
Under the provisions of 37 CFR § 1.196(b), the following
new ground of rejection is entered against claim 23:
Claim 23 is rejected under 35 U.S.C. § 103 as
unpatentable
over Michelson '943 in view of Heffington and further in view
of Michelson '892.
Claim 23 is dependent on claim 18 which we have concluded
is unpatentable over Michelson '943 in view of Heffington for
the reason set forth above. Claim 23 further recites a pair
of lateral support panels extending from the major posterior
support member. Michelson '892 is evidence that the use of
lateral support panels in combination with a surgical frame
for supporting a patient on an operating table during spinal
surgery was known in the art and described in a printed
publication more than one year prior to the filing date of the
present application. Based on the evidence in the file, we
conclude that it would have been obvious to a person of
22
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