Ex Parte Kennefick et al - Page 4




              Appeal No. 2003-2036                                                                  Page 4                 
              Application No. 09/961,198                                                                                   


                     Claims 1 and 5, the independent claims on appeal, read as follows:                                    
                     1.     An instrument for applying a surgical fastener, the instrument comprising:                     
                            an elongated body having proximal and distal ends;                                             
                            a piston axially moveable within a bore within the body, the piston having a                   
                     distal end adjacent the body distal end; and                                                          
                            a slit through the body to the bore, the slit extending a distance axially                     
                     from the body distal end, the slit has a distal end at the body distal end, and an                    
                     opposite proximal end, the proximal end of the slit opening into an aperture wider                    
                     than the slit whereby to reduce stress on the body at the slit proximal end;                          
                     wherein the bore at the body distal end is sized to snugly receive a portion of the                   
                     fastener therein, the slit allowing the body to compressively hold said portion of                    
                     the fastener.                                                                                         
                     5.     A method of holding a surgical fastener within an instrument for applying                      
                     said fastener, the method comprising the steps of:                                                    
                            providing an instrument comprising an elongated body having proximal                           
                     and distal ends, a piston axially moveable within a bore within the body, the                         
                     piston having a distal end adjacent the body distal end, and a slit through the                       
                     body to the bore, the slit extending a distance axially from the body distal end,                     
                     the slit has a distal end at the body distal end, and an opposite proximal end, the                   
                     proximal end of the slit opening into an aperture wider than the slit whereby to                      
                     reduce stress on the body at the slit proximal end; and,                                              
                            pushing a portion of the fastener into the bore at the body distal end, the                    
                     body contracting about portion of the plug to hold the plug within the body.                          


                     Torrie's invention relates to orthopedic surgical instruments and more particularly                   
              a soft tissue anchor delivery apparatus for inserting a soft tissue anchor into a patient's                  
              joint tissue (for example, glenoid) to effect a soft tissue repair.  As shown in Figure 1,                   
              the preferred embodiment of Torrie's soft tissue anchor delivery apparatus includes a                        
              gripping device 18 having fingers 23-26 at the distal end and configured such that they                      
              can hold a soft tissue anchor 63 about the head portion of the anchor.  An actuating                         








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