Ex Parte USHIWATA et al - Page 17



          Appeal No. 2006-2116                                                        
          Application No. 08/879,517                                                  

          that the +45O angle cutting capability of Johnson’s saw blade 19            
          was enabled by the parallel positioning of the driving motor shaft          
          of driving motor 41 to the shaft of cutting member 19 or by the             
          relative size and/or configuration of the driving motor and its             
          housing, the drive train and its housing, the cutting member and            
          the workpiece base is immaterial.  What is material is that                 
          persons having ordinary skill in the art would have understood              
          from Johnson’s teaching that the sizes and configuration of his             
          composite driving motor 41, drive train 43, and cutting member 19           
    10    impart +45O capability to the cutting member.                               
               In that light we turn to Langworthy’s disclosure.  While               
          Langworthy appears not to identify a workpiece base for the                 
          workpiece the surgical saw he describes was designed to cut, the            
          workpiece Langworthy is concerned with is a living body and the             
          workpiece base for the workpiece the surgical saw he describes was          
          designed to cut is an operating table.  We conclude that persons            
          having ordinary skill in the art would have understood that a               
          surgeon utilizing Langworthy’s surgical saw would not have wanted           
          to turn the living workpiece to make angular cuts to both sides of          
    20    zero-tilt.  Langworthy instructs (Langworthy, p. 1,                         
          l. 26-35):                                                                  
                                         17                                           




Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next 

Last modified: November 3, 2007