Ex parte RUDKO - Page 5




          Appeal No. 95-4246                                                          
          Application 08/201,052                                                      


          contacting wall “at one end of said barrel.”  Similarly,                    
          independent claim 34 requires a contacting wall extending                   
          transversely “from one end of said barrel.”  In addition, each              
          of the independent claims requires a face “extending                        
          continuously radially outward” from the aperture of the barrel              
          to the periphery of the contacting wall.                                    
               Turning to Sharon, this references discloses a laser                   
          scalpel comprising a barrel 4, 6, 7 having a lens 8 for                     
          focusing a laser beam at the point 11, and a tip member for                 
          targeting the laser beam on a working spot or working line of               
          cut.  The tip member may take various forms, as illustrated in              
          Figures 2-11.  None of the embodiments disclosed by Sharon                  
          satisfies all of the claim requirements set forth in the                    
          previous paragraph.  The Figure 5 embodiment and the Figure 11              
          embodiment of Sharon are most pertinent to the claimed                      
          invention.  The Figure 5 embodiment, however, lacks a                       
          contacting wall “at one end of said barrel” (as required by                 
          claims 18, 31 and 35), and a contacting wall extending                      
          transversely “from one end of said barrel” (as required by                  
          claim 34).  This is so because the leg 42 to which the tab 44               
          is secured is not itself a barrel, and cannot be fairly                     
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