Appeal No. 2003-1171
Application 09/809,648
faces proximate the distal end of the obturator and spaced
approximately 180 degrees from one another. According to the
examiner, Danks’ blade 81 and shield distal end 51 together
constitute an obturator distal end tip which is non-conical and
has upper and lower faces in the form of shield surfaces 94 which
taper to form a V-shaped distal end of the tip and wing elements
in the form of blade edges 91 located between the upper and lower
faces proximate the distal end of the obturator and spaced
approximately 180 degrees from one another. The appellants
counter that Danks’ obturator tip does not include any part of
the shield 15 and is limited to the blade 81, and as such does
not embody upper and lower faces and wing elements as recited in
claim 1.
Claim 1 does not include any obturator tip limitation which
excludes or is otherwise inconsistent with Danks’ shield 15. In
this regard, and notwithstanding the appellants’ arguments to the
contrary, the claim does not call for the obturator tip to be a
blunt piercing tip. As illustrated in Figures 8A and 8B, Danks’
blade 81 and shield distal end 51 collectively form an obturator
distal end tip which is non-conical. Shield surfaces 94 comprise
upper and lower faces tapering to form a V-shaped distal end of
the tip. Blade edges 91, which are spaced 180 degrees from one
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