Ex Parte BRUMBACH - Page 6



          Appeal No. 2001-1472                                                        
          Application 08/772,878                                                      

          needle tip [of Brumbach] to increase the probe’s effectiveness at           
          breaking up the deposits” (final rejection, page 3).                        

          Kühne is relied upon by the examiner as disclosing that a                   
          tip for a lithotritor probe can be a metal insert, while                    
          Wuchinich is relied upon for a teaching that it was known to                
          provide the tip of a lithotritor probe with a constriction                  
          relative to the proximal end of the lithotritor needle.   From2                    
          these teachings the examiner concludes that it would have been an           
          “obvious design choice” to provide a metal tip insert to                    
          Brumbach’s lithotritor probe and to allow for the tip to be a               
          harder material than the probe, and to have formed Brumbach’s               
          needle with a smaller bored tip to prevent matter from blocking             
          or clogging the tube when suction is applied.                               

          Appellant’s arguments in the brief appear to be primarily                   
          directed to the examiner’s attempted combination of Manna and               












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