Appeal No. 2002-2340
Application 08/886,666
Figures 1 and 5, light is emitted along a portion of the length-
wise portion of the spatula 10 for illuminating a viewing area in
proximity to the instrument as required by claim 77. It is noted
that this functionality is explained according to Wunsch's
teachings in the first paragraph at column 4, the discussion of
Figure 2 at column 6, lines 11-25 and the synopsis of spatula 10
at lines 48-55. This approach is consistent with a prior art
light conductive spatula discussed beginning at column 2, line
44. In each of these instances, it is indicated that it was
known in the art that light not only exits the tip portion of the
corresponding spatula, but is also refracted in such a manner as
to cause light to be emitted from a side portion along the
spatula.
It is thus apparent from this discussion that we regard
claim 137 as being anticipated by Wunsch and are not persuaded by
appellants' corresponding arguments at pages 5 and 6 of the
brief. It is emphasized at the earlier-noted teaching at the
bottom of column 6 that the light refraction or dispersion occurs
on the surface or side portion of the luminous head 15 and at the
ends of the prongs 19 and 20 "that is to say at the points where
the light should emerge in order to achieve the optimal
illumination of the throat cavity." (Column 6, lines 54-56).
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