Ex Parte Wells 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          not written for publication and is not binding precedent of the             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.                                                                      


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                      Ex parte TIMOTHY WELLS and DAVID RACENET                        
                                     __________                                       
                                Appeal No. 2005-2607                                  
                             Application No. 09/865,774                               
                                     __________                                       
                                      ON BRIEF                                        
                                     __________                                       
          Before GARRIS, WARREN, and JEFFREY T. SMITH, Administrative                 
          Patent Judges.                                                              
          GARRIS, Administrative Patent Judge.                                        
                                 DECISION ON APPEAL                                   
               This is a decision on an appeal which involves claims 1-10.            
               The subject matter on appeal relates to a trocar assembly              
          comprising an obturator having first and second ends with a                 
          sharpened tip positioned on the first end and a hand grip                   
          positioned on the second end and wherein a cushioned member is              
          positioned on at least one pressure contact surface of the hand             
                                          1                                           




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