Saturday, November 02, 2013

Appellant at PTAB wins reversal on obviousness

from Ex parte McGrady

As to obviousness


We agree with Appellants that the Examiner has not established that
Seith teaches insert strip 12 is directly attached to irrigation tube 16 along an
entire length of strip 12, and thus we find the Examiner has not established
that Seith teaches the above-discussed limitations of claim 1, or provided a
reason why this claim feature would be obvious over art showing an
interrupted connection. For these reasons, we are constrained to reverse the
rejection of independent claim 1.

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