Ex Parte Sundar - Page 4




              Appeal No. 2004-0278                                                                Page 4                
              Application No. 09/626,362                                                                                


                                                       OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                    
              the appellant's specification and claims, to the applied prior art references, and to the                 
              respective positions articulated by the appellant and the examiner.  As a consequence                     
              of our review, we make the determinations which follow.                                                   


                     A claim is anticipated only if each and every element as set forth in the claim is                 
              found, either expressly or inherently described, in a single prior art reference.                         
              Verdegaal Bros. Inc. v. Union Oil Co., 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed.                       
              Cir.), cert. denied, 484 U.S. 827 (1987).                                                                 


              The anticipation based on Mizuno                                                                          
                     We will not sustain the rejection of claims 6  to 11 and 15 to 20 under 35 U.S.C.                  
              § 102(a) as being anticipated by Mizuno.                                                                  


                     Mizuno provides a surgical manipulator system which comprises a manipulator                        
              and a remote-control device for controlling the manipulator and in which the manipulator                  
              can be moved in a desired direction, not restricted by the positional relation between it                 
              and the remote-control device.  Figure 11 is a schematic representation of one                            
              embodiment of the surgical manipulator system.  As shown, the system comprises a                          








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