Appeal No. 2000-0798
Application No. 08/410,852
that "Bedner shows a molded handle encasing the shank of an
autoclavable knife," but we find no such disclosure in Bedner;
rather, this reference discloses a handle which is all metal
(col. 1, line 14) or, arguably, all plastic (col. 1, lines 6
and 7) and which holds a detachable surgical blade 40 at one
end. Absent any teaching or suggestion in the prior art of
molding or encapsulating the end of the instrument shaft, the
examiner’s conclusion that it would have been obvious to
"merely mold plastic around the handle" appears to be based on
improper hindsight gleaned from appellant’s own disclosure.
It follows that a prima facie case of obviousness has not been
established.
The rejection of claims 1 to 13 therefore will not be
sustained.
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