Appeal No. 2003-1568 Page 8
Application No. 09/516,603
and body portion (claims 26, 27, 31 and 34) on Green's collar 528. In addition, the
examiner has determined that Green's surgical stapling apparatus 510 is inherently
capable of being moving in the manner claimed. In that regard, the examiner notes that
by simply pulling axially on Green's handle portion 514 while lever handle 524 is
pressed downward, the jaws 516, 520 would move into the frame (i.e., collar) 528 while
the frame would be stationary.
The appellants argue throughout the briefs that the subject matter of claims 1,
25, 26, 27, 31 and 34 is not disclosed in Green. We agree.
With respect to claims 26, 27, 31 and 34, it is our view that the claimed handle
portion and body portion are not readable on the proximal portion of Green's collar 528
and the distal portion of Green's collar 528 as asserted by the examiner. In that regard,
it is our opinion that only handle portion 514 of Green's surgical stapling apparatus 510
would be considered to be a handle portion. Thus, Green's surgical stapling apparatus
510 is not inherently capable of being moving in the manner claimed (i.e., the jaws
moving axially with respect to the handle portion and/or the body portion.
With respect to claims 1 and 25, it is our view that the claimed actuating
mechanism connected to the at least one of said jaws (i.e., the jaw which is moved
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