Appeal No. 1997-3989 Application No. 08/424,067 central rod which threadedly engages a threaded portion central to the head of the bone screw for holding the bone screw onto the driver device. Huene does not disclose a plurality of driver elements disposed around the tube portion of the driver. Rich teaches a driver for inserting a threaded member such as a screw. Rich teaches that the driver engages a threaded member by way of a central threaded rod. The torque transmitting members are a number of driver elements which are spaced away from the threaded rod in a radial direction. These driver elements are disclosed as reducing the screw fatigue failure by allowing the driver to engage the screw through complementary recesses that mate with these driver elements. The examiner has therefore concluded that it would have been obvious to one of ordinary skill in the art to modify the driver element of Huene with the driver elements being disposed wholly between the inner and outer walls of the tube as taught by Rich in order to reduce screw failure. (See final rejection, paper no. 6, pages 2 and 3.) OPINION We have carefully reviewed the rejection on appeal in light of the arguments of appellant and the examiner. As a result of this review, we have determined that the applied prior art does not establish the prima facie obviousness of the claims on 3Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007