Ex Parte Hadzic et al - Page 14

           Appeal No. 2006-1746                                                                      
           Application No. 10/375,679                                                                

           Accordingly, claim 29, and claims 30, 31, and 33 which depend therefrom, fall             
           with the remainder of the claims of the group.                                            

                                  CONCLUSION OF LAW (ISSUE II)                                       
               The rejection of claims 1-8, 10-12, 15-18, 20, 21, 23-25, 28-31, and 33 under         
           35 U.S.C. § 102(b) is sustained.                                                          

                                    FINDING OF FACTS (ISSUE III)                                     
               1. As found by the Examiner (Answer, page 7) Cory shows a nerve block                 
                      needle 107 comprising a remote nerve stimulator 131, electrical                
                      coupling 122, 126, 142 to the nerve stimulator 131, and a visual               
                      indicator 141 (Fig. 2).                                                        
               2. Cory additionally discloses (col. 2, lines 14-23) that                             
                                   U.S. Patent No. 4,515,168 to Chester et al.                       
                             discloses to clamp a nerve stimulator and locating                      
                             device onto a syringe. As the entire nerve                              
                             stimulator device is clamped onto the syringe, the                      
                             unit is a long and clumsy assembly, which is difficult                  
                             to maneuver.  Moreover, the device disclosed by                         
                             Chester does not allow for one-handed operation of                      
                             needle advancement and current control.                                 
                             Particularly, the needle is advanced by one hand                        
                             while the current must be controlled by turning the                     
                             knob 27 with the other hand, which is an extremely                      
                             awkward operation for the user.                                         
               3. We make reference to our findings, supra, with respect to the teachings            
                 of Chester.                                                                         

                                                                                                    


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