Appeal No. 1999-2065
Application 08/651,502
trigger assembly having a trigger slidably connected to said
second handle” (line 12) (emphasis added). Although the
examiner never indicates which element of Fischer is
considered to comprise the “anvil,” we consider that one of
ordinary skill in the art
would have appreciated that the depressions 33 in jaw (b) of
Fischer’s instrument constitute an anvil. Clearly, the handle
of Fischer that includes the “anvil” does not include a
slidably connected trigger as claimed. Instead, the trigger
(14) of Fischer as identified by the examiner is connected to
the handle which corresponds to appellants’ claimed “first
handle” carrying the staple magazine.
For the reasons noted above, the examiner’s
rejection of claim 45 under 35 U.S.C. § 102(b) will not be
sustained.
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