Appeal No. 2000-0798
Application No. 08/410,852
to its weight and rigidity. He also states that
molding a handle is relatively inexpensive.
With this information in mind one of
ordinary skill would consider improving Hamas.
Hamas states that while plastic plugs of various
colors and shapes are useful for identification
of instruments coloring the entire handle might
be more desiralbe if it were not more expensive.
The solution would appear to be obvious. Rather
than drilling holes and inserting plastic plugs
merely mold plastic around the handle. Thus a
better and cheaper instrument is produced since
the weight and rigidity of metal is retained and
the entire handle colored by an inexpensive
process.
We do not agree with the examiner’s reasoning. Claim 1
requires that the synthetic handle be "molded to encase the
end of the metallic shaft," and claim 7, "encapsulating an end
of the shaft in a colored autoclavavle synthetic material."
The examiner does not identify where in the Hamas patent it is
disclosed that "coloring the entire handle might be more
desirable [than plastic plugs] if it were not more expensive";
presumably, this refers to Hamas’ disclosure at col. 3, lines
17 to 19, that using plastic plugs "is less costly than
painting the stainless steel handles of each instrument." In
any event, we find no disclosure in either Hamas or Bedner of
molding or encapsulating the end of the instrument shaft, as
claimed. The examiner states on page 2 of the final rejection
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