Appeal No. 96-2081
Application 08/125,892
for a method of performing an endoscopic operative procedure.
Thus, we agree with appellant that each and every claim is
limited specifically and unequivocally to a particular
combination of steps to be performed during or in the course
of an endoscopic-ally performed operative procedure.
The patent to Lee discloses a "surgical dressing packer"
useful "for packing antiseptic gauze or other surgical
dressing into the uterus or deep-seated abscesses or wounds"
(lines 9-13). There is no mention in Lee of any
endoscopically performed operative procedure much less any
teaching or suggestion that the
disclosed apparatus would be useful in performing endoscopic
surgery.
In applying the test for obviousness, we reach the3
conclusion that the claimed method would not have been
suggested by the applied prior art. Specifically, we see no
suggestion in the applied prior art of using the apparatus
disclosed therein in an endoscopically performed operative
3The test for obviousness is what the combined teachings of the
references would have suggested to one of ordinary skill in the art. See In
re Young, 927 F.2d 588, 591, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re
Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981).
5
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