Ex Parte O'Heeron et al - Page 1



          The opinion in support of the decision being entered today was              
          not written for publication and is not binding precedent of the             
          Board.                                                                      
                                                          Paper No. 15                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                            Ex parte PETER T. O’HEERON,                               
                                 TERRY L. BOHANNON                                    
                                and PATRICK T. DAVIS                                  
                                     __________                                       
                                Appeal No. 2003-1171                                  
                               Application 09/809,648                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before MCQUADE, NASE, and BAHR, Administrative Patent Judges.               
          MCQUADE, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               Peter T. O’Heeron et al. appeal from the final rejection of            
          claims 1 through 5, all of the claims pending in the application.           
                                   THE INVENTION                                      
               The invention relates to “surgical instruments known as                
          trocars which are used in endoscopic surgery to pierce or                   
          puncture an anatomical cavity to provide communication with the             
          cavity during a surgical procedure” (specification, page 1).                







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