Appeal No. 1997-3989
Application No. 08/424,067
Additionally, we merely note that we have accepted appellant's construction of the
claimed subject matter as directed to an absorbable bone screwdriver. We further note
that the examiner has not cited any prior art dealing with driving such soft polymeric
materials. This difference goes toward recognition of the problem, a factor not in evidence
in the applied prior art. While hard screws exhibit the "camming out" problem, the
examiner has provided no evidence that the prior art recognized and solved the problem
with respect to soft, polymeric materials. For these reasons, it is our conclusion that the
examiner has not provided a prima facie case of obviousness with respect to the claimed
invention on appeal. The rejection of claims 25 through 32 is reversed.
REVERSED
WILLIAM F. PATE III )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
LAWRENCE J. STAAB ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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)
MURRIEL E. CRAWFORD )
Administrative Patent Judge )
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