Appeal No. 1998-2808
Application No. 08/733,464
At column 4, lines 2-7, Feinberg teaches that
[i]n some situations, however, particularly with
small infants whose vertebrae have bone marrow
surrounded by cartilage-bone in a 50%-50% ratio, or
70%-30% ratio, it may be desirable to extend the
threads 33 down between the apertures 29 or to
utilize a maze of protruding knurls in lieu of the
threads 33.
Like the appellants, we fail to understand how the above
quoted passage from Feinberg would have rendered the specific
thread profile recited in claim 7 obvious. Feinberg does4
teach an embodiment particularly suited for infants, in which
the threads 33 are replaced by raised knurls 41 (Figure 5 and
col. 4, lines 58-71), but we find no suggestion therein of the
claimed thread profile and the examiner has not explained how
Feinberg’s discussion pertaining to infants and use of
knurling would have suggested the thread profile of claim 7.
reference to the diameter of the threads taken along a plane perpendicular to
the longitudinal axis of the screw, not to the profile of the threads taken
along a plane parallel to the longitudinal axis of the screw. Thus, Edwards
does not appear to support the examiner’s assertion that the claimed profile
is well known in the bone screw art.
4In evaluating Feinberg, we have taken into account not only the
specific teachings of the reference but also the inferences which one skilled
in the art would reasonably be expected to draw therefrom. In re Preda, 401
F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).
7
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