Appeal No. 2006-0180 Παγε 5
Application No. 10/369,343
such, the recitation of an operating room having an operating table located therein
cannot be overlooked or ignored in reading these claims on the prior art.2
The examiner's contention that "[a]ny room within a hospital could be considered
an operating room since at any moment a patient may need surgery and may not be
able to be transported thus rendering the room an operating room with the bed being
the operating table" (answer, pages 7 and 8) is unreasonable. Even assuming that the
examiner is correct that an emergency surgery may be performed in a patient's hospital
room or a rehabilitation room (the types of rooms discussed by Morris) or in any other
room of the hospital, one of ordinary skill in the medical field would not consider such
the body thereof of a set of primary rails connected to the operating room is deserving of correction in the
event of further prosecution of this application.
2 To anticipate, every element and limitation of the claimed invention must be found in a single
prior art reference, arranged as in the claim. Karsten Mfg. Corp. v. Cleveland Golf Co., 242 F.3d 1376,
1383, 58 USPQ2d 1286, 1291 (Fed. Cir. 2001); Scripps Clinic & Research Foundation v. Genentech, Inc.,
927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed. Cir. 1991).
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