Appeal No. 1999-2788
Application No. 08/910,469
is clear to us that the pointed tip of the hook portion (64)
and cutting portion (62) of Davison is not part of a recessed
cutting portion which "terminates at a pointed tip at an
outermost distal end of said body” as required in appellant's
claim 1 on appeal. For that reason, we will not sustain the
examiner's rejection of claim 1, or of claims 3 and 5 through
7 which depend therefrom, under
35 U.S.C. § 102(b).
The examiner's attempt to read the entire upper segment
of the hook portion (64) of Davison as the pointed tip (as
shown in the marked-up Figure 8 attached to the examiner's
answer) is unavailing. The pointed tip of Davison's
ultrasonic cutting blade is only that portion of the blade
that is part of the sharpened recess (62) at the top side edge
of the blade and does not include the flat uppermost surface
of the hook portion and the remainder of the blade body seen
in Figures 6 through 9 adjacent to and underlying where the
lead line for reference character (64) terminates. As for the
examiner's position that the drawings of appellant's
application show the pointed tip (24) spaced "proximally from
7
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