Appeal No. 98-3327
Application No. 08/606,651
invention is directed to an ophthalmic probe for surgery and
the like, which comprises a handpiece having a hollow needle
extending therefrom, a connector for connecting the handpiece
to a source of energy, an optical fiber for transmitting the
energy to the distal end of the needle, and a soft tip molded
in place on an inner bushing of the needle that extends
outwardly from an outer metal tube. We agree with the
examiner that Easley discloses all of the subject matter of
claim 1 except for the requirement that the soft tip be
“molded in place to the inner bushing,” for in the Easley
arrangement, the soft tip is not located at the tip of the
outer metal tube of the needle, but is held in place by means
of an extension that is friction fitted into the annular space
between the outer metal tube and the inner bushing. However,
it is the examiner’s position that
[i]t is considered an obvious design consideration
to have molded the soft tip to the inner bushing, as
is well known in the art, in as much as this means
for attachment is different in kind but not in
effect (Paper No. 6, page 2).
The appellant argues that the required motivation for doing so
is lacking. On this point, we find ourselves in agreement
with the appellant, and it is for this reason that we cannot
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