Appeal 2006-1914
Application 09/764,609
1 From our review of the Nogler Declaration we make the following
2 findings of fact:
3 32. I [Dr. Nogler] understand that the current application has been
4 rejected because the invention as claimed is considered obvious in view
5 of a patent that discloses a wired or tethered instrument communicating
6 with a surgical navigation system. (Nogler, p. 2, ¶ 5.)
7
8 33. I [Dr. Nogler] believe that the use of wireless communication
9 between an active smart instrument and a surgical navigation system has
10 been recognized as a significant advance. (Nogler, p. 2, ¶ 6.)
11
12 34. The use of a wireless hand piece that can be tracked by the surgical
13 navigation system is much less cumbersome and provides a significantly
14 greater range of motion to me in performing these surgical techniques
15 allowing me to perform these tasks properly, in less time and with lower
16 fatigue A wired handpiece has a wire that drags, can catch on other
17 instruments and wires, and will actually pull against the direction I need
18 to move the hand piece. (Nogler, p. 2, ¶ 6 / c.)
19
20 From our review of the Klarsfeld Declaration we make the following
21 findings of fact:
22 35. I [Dr. Klarsfeld] understand that the current application has been
23 rejected because the invention as claimed is considered obvious in view
24 of a patent that discloses a wired or tethered instrument communicating
25 with a surgical navigation system. (Klarsfeld, p. 2, ¶ 5.)
26
27 36. I [Dr. Klarsfeld] believe that the use of wireless communication
28 between an active smart instrument and a surgical navigation system has
29 been recognized as a significant advance. (Klarsfeld, p. 2, ¶ 6.)
30
31 37. The use of a wireless hand piece that can be tracked by the surgical
32 navigation system is much less cumbersome and provides a significantly
33 greater range of motion to me in performing these surgical techniques
34 allowing me to perform these tasks properly, in less time, and with lower
35 fatigue. A wired hand piece has a wire that drags, can catch on
13
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Last modified: September 9, 2013