Appeal No. 2006-1603
Application No. 10/646,675
nylons, polyacetals, and polycarbonates. As shown in FIG. 2, the mandrel
16 is formed with a main shank portion 18, a knob-type handle 20 at
one end, and at the distal end a piercing and cutting end 22. The
knob 20 is made integral with the shank 18 and having an outer surface
24 of suitable shape for the palm of the user. The knob 20 is made of a
larger diameter than the shank 18 to permit the insertion of the shank 18
between the user's fingers for easy withdrawal of the obturator. [See col.
3 lines 22-36] (emphasis added)
As to claim 8, the kit shown by Metcalf [See Fig. 1 and col. 3 lines 59-67]
includes at least one embodiment of each of the three claimed styles of tips. We note
that claims 18 and 8 only require that at least one of the obturators in the kit meet the
monolithic structural limitations of claim 18.
REMAND TO EXAMINER
Pursuant to our authority under 37 CFR § 41.50(a)(1), we remand this application
to the Examiner to consider rejecting claim 9 over Metcalf, which fully incorporates the
contents of Burchette by reference, in view of Hickle.
Claim 9 depends from claim 18, the rejection of which under Metcalf, which fully
incorporates the contents of Burchette by reference, is shown above. Claim 9 further
adds the limitations of graphical and/or textural information that can assist in matching
an obturator with a trocar. As with claims 18 and 8, claim 9 is an apparatus claim, and
so the limitation regarding such assistance goes only to the structural capacity to
provide such assistance, and not to an actual performance of such assistance.
Hickle shows encoding information related to medical supplies and kits, the
information being marked on such supplies [See para. 2 and 11] and relates this to
medical supplies used in endoscopic surgery [See para. 5] where the information is
used to ensure proper form, fit and function [See para. 7].
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