Appeal No. 1999-0098
Application No. 08/328,443
The appealed claims are drawn to an intramedullary nail
(claim 1, 4 to 6, 11 and 14), a system for fastening an
intramedullary nail (claims 15 to 34), and a method of
fastening an intramedullary nail (claims 35 to 42, 44 and 45).
They are reproduced in the appendix of appellant’s brief.
The references applied in the final rejection are:
Kranz et al. (Kranz) 5,057,110 Oct. 15,
1991
Tanguy (European Application) 218,492 Apr. 15,
19872
The claims on appeal stand finally rejected on the
following grounds:3
(1)Claims 1, 5, 11, 15 to 31, 34 to 42, 44 and 45, anticipated
by Tanguy, under 35 U.S.C. § 102(b);
(2) Claims 4, 14, 32 and 33, unpatentable over Tanguy, under
2A copy of a translation of this reference, prepared for
the PTO, is forwarded to appellant herewith. Any reference in
this decision to Tanguy by page and line is to the
translation.
3In the Advisory Action of July 10, 1996 (Paper No. 11),
the examiner indicated that the amendment filed on June 20,
1996, had overcome a further rejection of claims 4, 6, 9, 10,
17 to 21, 26 to 30, 34 and 46 under 35 U.S.C. § 112, second
paragraph.
3
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