Ex Parte Malackowski et al - Page 2

                Appeal 2006-1914                                                                               
                Application 09/764,609                                                                         

           1                              STATEMENT OF CASE                                                    
           2          Appellants appeal under 35 U.S.C. § 134 (2002) from a final rejection                    
           3    of claims 1-34 and 80-106.1  Subsequent to the final rejection, the                            
           4    Appellants cancelled2 claims 2, 24, 30, 101, 103, and 104.  Thus, claims 1,                    
           5    3-23, 25-29, 31-34, 80-100, 102, 105, and 106 remain, and are under                            
           6    rejection. We have jurisdiction under 35 U.S.C. § 6(b) (2002).                                 
           7          Appellants invented a system for displaying and guiding a series of                      
           8    instruments to a surgical site located relative to a body of a patient.                        
           9    (Specification 1.)                                                                             
          10          Claim 1 is representative of the invention and reads as follows:                         
          11          1. A smart instrument for use in a surgery system, comprising:                           
          12                                                                                                   
          13                 a housing;                                                                        
          14                                                                                                   
          15                 a plurality of light emitting diodes coupled to the housing                       
          16          and being adapted to fire independently;                                                 
          17                                                                                                   
          18                 a memory circuit for storing information related to the                           
          19          smart instrument; and                                                                    
          20                                                                                                   
          21                 a wireless transceiver adapted to communicate with the                            
          22          surgery system, wherein bi-directional communication of the                              
          23          smart instrument with the surgery system is solely through a                             
          24          wireless communication system and wherein the smart                                      
          25          instrument transmits the information stored on the memory                                
          26          circuit in response to a received signal from the surgery system                         
          27          when the smart instrument is placed within a field of detection.                         
          28                                                                                                   
                                                                                                              
                1  Application filed January 17, 2001.  The real party in interest is                          
                Howmedica Liebinger, Inc.  D/B/A Stryker Liebinger.                                            
                2 The Examiner entered the April 28, 2005 amendment canceling these                            
                claims on May 11, 2005.                                                                        
                                                      2                                                        

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