Appeal No. 1999-0098
Application No. 08/328,443
We now turn to independent claims 15, 23, 35 and 40.
System claims 15 and 23 each contain limitations exemplified
by the following from claim 15:
an elongate member extendable from within
the intramedullary nail, through a selected
securing hole and through the skin of the
patient to the outside of the patient’s body;
and
a fastener registered to the extending
elongate member, the fastener constructed
to be guided by the elongate member from
the outside of the patient’s body to the
selected securing hole through the cortex
of the bone.
Similarly, the following is typical of limitations included in
method claims 35 and 40 (claim 35, lines 6 to 10):
extending the elongated member through the
skin of a patient from within the intramedullary
nail;
registering a fastener to the extending
elongate member; and
guiding the fastener along the elongate
member from outside of the patient’s body to the
selected securing hole through the cortex of the
bone.
Although Tanguy does not explicitly disclose extending
elongate member (drill shaft 8) through the patient’s skin,
the examiner seems to take the position that such a step would
be inherent in use of the Tanguy apparatus (answer, page 7,
second paragraph). While we are doubtful that this is
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