The invention is directed to a trocar assembly for minimally invasive surgery. The application received a final office action rejecting all claims for being anticipated by three different references. WHIPgroup filed an Appeal and argued that the cited art operates in different ways to achieve different results, and that Applicant’s unique structure was not found in the prior art. WHIPgroup also argued that the Examiner had a made an unreasonably broad claim interpretation that was inconsistent with Applicant’s specification. After oral argument the Board reversed the rejections and allowed the claims.
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