Ex parte RASHMAN - Page 10




          Appeal No. 2000-0798                                                        
          Application No. 08/410,852                                                  


               The recitation in claims 5 and 10 of a handle which is                 
          nonporous and defines substantially no interstices with the                 
          shaft would appear to be the inherent result of the molding                 
          process, and in any event these would obviously be desirable                
          characteristics of a medical device.                                        
          Conclusion                                                                  
               The examiner’s decision to reject claims 1 to 13 is                    
          reversed.  Claims 1 to 5 and 7 to 12 are rejected pursuant to               
          37 CFR § 1.196(b).                                                          
               No period for taking any subsequent action in connection               
          with this appeal may be extended under 37 CFR § 1.136(a).                   


                             REVERSED; 37 CFR § 1.196(b)                              




                         IAN A. CALVERT                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         NEAL E. ABRAMS                )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
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