Ex parte KUSLICH et al. - Page 7

          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).                               

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