Appeal No. 2002-2340
Application 08/886,666
Wunsch's element 12 which is the rechargeable torch or battery
pack for the light conductive spatula 10. To embellish upon the
examiner's reasoning here, this rectangular torch/battery pack 12
comprises an opening 11 which is to receive the light conductive
spatula 10 as depicted generally in Figure 8. Thus, what the
examiner considers to be the claimed instrument, that is, the
battery pack 12, is shaped to perform a specified function in
accordance with its stated description and appearance with a
separately recited light delivery system in the form of the light
distribution spatula 10 which itself is removably detached from
"this instrument." Between the showings in Figure 1 and Figure
8, the artisan would well appreciate that this claimed light
delivery system or light conductive spatula 10 is shaped to
conform to the general shape of "the instrument" 12 since the
battery pack 12 is shaped in such a manner as to receive within
its opening 11 the end portion 13 of the spatula 10, all of this
as claimed.
The entire spatula 10 distributes light by receiving it from
its source within the battery pack 12 and propagates the light
through the spatula 10 by internal reflection as claimed. As the
examiner has noted with respect to the surface roughness 26 in
4
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