Appeal No. 2006-1603
Application No. 10/646,675
BACKGROUND
The appellant's invention relates to a kit of obturators for use in endoscopic
surgery. An understanding of the invention can be derived from a reading of exemplary
claim 18, which is reproduced below.
18. A medical procedure kit, comprising:
(a) at least one disposable, shield-less obturator for use in
endoscopic surgery, each said obturator comprising (i) a
proximal end where the obturator is grasped, (ii) a distal end
having a tip which is used either to cut or to separate the tissue
of a patient, (iii) a shaft between the proximal and distal ends,
the proximal end and distal ends [sic] and the shaft being
formed as a monolithic structure, and (iv) an orientation
indicator located near the proximal end which enables a user to
determine by touch the relative position of the tip at the distal
end; and
(b) a case for enclosing said at least one obturator.
PRIOR ART
The prior art references of record relied upon by the examiner in rejecting the appealed
claims are:
Johnson 5,118,297 Jun. 2, 1992
Vidal et al. (Vidal) 5,405,328 April 11, 1995
Metcalf et al. (Metcalf) 5,453,094 Sep. 26, 1995
In addition, we make the following references of record:
Burchette, Jr. (Burchette) 5,057,082 Oct. 15, 1991
(Burchette is incorporated by reference within Metcalf)
Hickle et al. (Hickle) US2003/0074223 Apr. 17, 2003
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