Ex Parte Morales - Page 2

                Appeal 2007-0099                                                                                 
                Application 10/260,443                                                                           

                       13. A pathology grossing tool comprising:                                                 
                       a tine supporting head;                                                                   
                       a plurality of tines projecting from said tine supporting head, each said                 
                tine terminating in a sharp tissue penetrating tip;                                              
                       a main body having a longitudinal axis and distal and proximal ends,                      
                said main body including a handle portion terminating at said proximal end                       
                thereof, said main body being coupled to said tine supporting head at said                       
                distal end thereof; and wherein there are first and second arrays of tines                       
                projecting distally from said tine supporting head, said arrays of tines each                    
                being defined in a plane, said tine arrays being disposed in parallel so as to                   
                define a gap therebetween, each tine of said first tine array being disposed in                  
                adjacent parallel, facing relation to a corresponding tine of said second tine                   
                array, wherein said gap defined between said tine arrays is about 1 to 2                         
                millimeters.                                                                                     
                       The prior art references of record relied upon by the Examiner in                         
                rejecting the appealed claims are:                                                               
                Koppel US 5,318,051 Jun. 07, 1994                                                                
                Ford US 5,884,633 Mar. 23, 1999                                                                  
                       Claims 13, 15, and 21 through 23 stand rejected under 35 U.S.C.                           
                § 103 as being unpatentable over Ford in view of Koppel.                                         
                       Reference is made to the Examiner's Answer (mailed November 29,                           
                2005) for the Examiner's complete reasoning in support of the rejection, and                     
                to Appellant's Brief (filed August 24, 2006) for Appellant's arguments                           
                thereagainst.                                                                                    

                                                   OPINION                                                       
                       We have carefully considered the claims, the applied prior art                            
                references, and the respective positions articulated by Appellant and the                        

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