Appeal No. 2005-0916
Application No. 09/785,374
be coupled to the handle assembly, the distal end of the first
tube adapted to be coupled to the tissue engaging means, the
actuating means adapted to extend axially through the first tube,
the first tube configured to be kink resistant and to bend about
some bending radius in response to a bending moment applied to
the first tube.
The examiner relies upon the following reference as evidence
of obviousness:
Makower et al. (Makower) 5,474,057 Dec. 12, 1995
Appellants' claimed invention is directed to a surgical
device comprising an actuating means which connects a tissue
engaging means and a handle assembly. The actuating means is
adapted to extend axially through a tube made of a malleable
material. Also, the tube is configured to be kink resistant and
to bend about some bending radius. According to appellants,
"[t]he shaft member of the present invention allows the surgeon
to bend and adjust the shape of the surgical device to minimize
its intrusion and to allow for proper positioning in
predetermined body locations" (page 2 of principal brief, third
paragraph).
Appealed claims 1, 3-13 and 15-21 stand rejected under
35 U.S.C. § 103(a) as being unpatentable over Makower.
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