Appeal No. 2005-2607
Application No. 09/865,774
grip. This appealed subject matter is adequately represented by
independent claim 1 which reads as follows:
1. A trocar assembly comprising:
an obturator defining a longitudinal axis and having first
and second ends,
a sharpened tip positioned on the first end of the obturator
and a hand grip positioned on a second end of the obturator
opposite the first end, and a cushioned member positioned on at
least one pressure contact surface of the hand grip.
The references relied upon by the examiner as evidence of
obviousness are:
Ott 5,674,237 Oct. 7, 1997
Silber et al. (Silber) 5,928,154 Jul. 27, 1999
All of the appealed claims are rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Ott in view of Silber.1
We refer to the various briefs and answers for a complete
exposition of the opposing viewpoints expressed by the appellants
and by the examiner concerning the above noted rejection.2
1
1 As reflected on page 3 of the brief, the appellants have
grouped and argued the appealed claims together. Accordingly, in
our disposition of this appeal, we need focus on claim 1 only
which is the sole independent claim before us. See 37 CFR
§ 1.192(c)(7)(2003).
2
2 On pages 1 and 2 of the surreply brief filed June 4, 2004,
the appellants correctly point out that the supplemental
examiner’s answer mailed April 15, 2004 was not permitted under
the regulation then in existence (i.e., prior regulation 37 CFR
§ 1.193(b)(1); compare current regulation 37 CFR § 41.43 (Sept.
(continued...)
2
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