Ex Parte GREEN - Page 11





                 directly controlling the end effectors 40R and 40L. (Green                            
                 Ex. 1080 at 11, lines 14-26).                                                         
                 Wang has failed to sufficiently demonstrate that one of                               
           ordinary skill in the art would not understand the above to mean                            
           that embodiments are described wherein the movements made at the                            
           controller would necessarily be different from the movements of                             
           the arm and thus the surgical instrument. In the small worksite                             
           embodiment, movement made at the worksite would necessarily be a                            
           smaller movement than that made by the operator at the                                      
           controller. Indeed, Green's '932 disclosure further describes:                              
                 Servomechanism scaling of axial movement of the telescopic                            
                 control arms is provided such that axial extension or                                 
                 retraction thereof results in a smaller extension or                                  
                 retraction of the telescopic insertion sections (Green Ex.                            
                 1080, page 16, lines 2-6).                                                            
                 The above descriptions support, for example, a movement of                            
           the arm and surgical instrument proportional to that of the                                 
           controller. That is, '932 describes scaling of axial movement of                            
           the insertion arm (and thus the instrument) such that it is                                 
           different than the movement of the controller.                                              
                  Wang fails to sufficiently demonstrate otherwise. Wang has                           
           failed to direct us to supporting evidence in the way of a                                  
           declaration or affidavit from one having ordinary skill in the                              
           art that demonstrates that 1932 fails to convey to that person                              
           that the disclosure describes the features recited in Wang claim                            
           1. Wang relies solely on attorney argument.                                                 



                                               - 11 -                                                  







Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007