Appeal 2006-3162
Application 10/216,307
tissue shape (Gittleman, ¶ 0003), is capable of being at least partially inserted into
a jawbone. The Examiner’s mere speculation that the TTE has that capability
because Gittleman does not say it lacks that capability is not an adequate basis for
a prima facie case of unpatentability.
DECISION
The rejections under 35 U.S.C. § 103 of claims 48, 50, 57, 60, 63, 74, and 75
over Gittleman, claims 49 and 51 over Gittleman in view of Dinkelacker,
claims 54, 69, 72, and 73 over Gittleman in view of Daftary, claim 66 over
Gittleman in view of Hamada, and claims 76 and 77 over Gittleman in view of
Niznick, are reversed.
REVERSED
jlb
Brian E. Turung
Fay, Sharpe, Fagan,
Minnich & McKee, LLP
1100 Superior Avenue, 7th Floor
Cleveland, OH 44114-2518
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