Ex parte HUENE - Page 2




              Appeal No. 1997-3989                                                                                     
              Application No. 08/424,067                                                                               


                     The claimed invention is directed to a driver for absorbable bone screws.  These                  
              bone screws, being made of a soft polymeric material, are susceptible to "camming out"                   
              when a normal screwdriver is used by a surgeon to emplace them in bone.  Appellants'                     
              driver includes a plurality of driver elements equiangularly disposed about and extending                
              from a tube portion parallel to the driver longitudinal axis.  These driver elements, either             
              cylindrical post or rectangular keys, mate with matching depressions in the head of the                  
              bone screw, and are not susceptible to camming out.                                                      
                     The claimed invention can be further understood with reference to the appealed                    
              claims which are appended to appellant's brief.                                                          
                     The references of record relied upon by the examiner as evidence of obviousness                   
              are:                                                                                                     
                     Rich                 4,466,314                   Aug. 21, 1984                                    
                     Huene, Donald R., "A Method for a Firm Attachment of a Screw on a                                 
                     Screwdriver", Orthopaedic Review, Vol. VII, No. 1, January 1978.                                  
                                                  THE REJECTION                                                        

                     Claims 25 through 32 stand rejected under 35 U.S.C. § 103 as unpatentable over                    
              Huene in view of Rich.  According to the examiner, Huene discloses a screwdriver for                     
              securely locking and driving  bone screws.  The screwdriver  includes a threaded                         





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