Appeal No. 2005-2607
Application No. 09/865,774
3 and lines 37-51 in column 5 of Silber). We have no doubt but
that the artisan would have appreciated the applicability of such
advantages to the trocar assembly of Ott.
The appellants further argue that Silber’s grip layer is not
tantamount to the here claimed cushioned member since the former
is disclosed as being non-compressible and rigid. This is
incorrect. The examiner has rightly explained that Silber
actually teaches that his grip layer is “substantially” non-
compressible (see line 18 in column 3) and “substantially” rigid
(see line 60 in column 3), thus indicating that the layer is
compressible and non-rigid to at least some extent. More
importantly, the examiner has correctly pointed out that
patentee’s grip layer and the appellants’ cushioned member are
both made of the same types of materials such as Santoprene™
(e.g., see lines 28-60 in column 8 of Silber in comparison with
the first full paragraph on specification page 4) and possess
overlapping durometer values (e.g., see line 58 in column 7
through line 27 in column 8 of Silber in comparison with lines 1-
9 on specification page 5).
Contrary to the appellants’ apparent belief, these
circumstances provide adequate, reasonable support for the
examiner’s determination that Silber’s grip layer inherently
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