Appeal No. 98-2779
Application 08/496,604
the distal end of the jaw portion of the clamp in combination
with a series of longitudinal corrugations (at 23) located on
the gripping portion of the clamp therein. English also shows
or discloses latching means (14) on the clamp members (10, 11)
for holding the members (10, 11) closed together when desired.
According to the examiner (final rejection, page 4),
“It would have been obvious to one having
ordinary skill in the art at the time the invention
was made to use a latching means and rat tooth jaws
as taught by English, since English states at column
3, lines 19-28 that such a modification would enable
the jaw members to be held in the position desired
by the surgeon and since English states at column 4,
lines 18-33 that the rat tooth jaw arrangements
prevent side slip of the tissue being grasped by the
surgeon.”
While we certainly share the examiner’s view with regard
to the latching means of English, especially given that Kurwa
already includes a latch mechanism or catch at (22) for
allowing the handle portions (16) to be “releasably locked
together” (col. 2, lines 42-44), we must agree with appellant
that it would not have been obvious to one of ordinary skill
in the art to provide the distal ends of the jaws of the clamp
in Kurwa with a rat tooth structure like that of English. We
reach this conclusion because the offset portions of the ends
10
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