Ex parte RETALLICK - Page 2




                 Appeal No. 98-3360                                                                                       Page 2                        
                 Application No. 08/556,099                                                                                                             


                          This is an appeal from the decision of the examiner                                                                           
                 finally rejecting claims 1-3,  which constitute all of the2                                                                                  
                 claims of record in the application.                                                                                                   
                          The appellant's invention is directed to an apparatus and                                                                     
                 method for treating the lungs.  The claims on appeal have been                                                                         
                 reproduced in an appendix to the Brief.                                                                                                


                                                                THE REFERENCES                                                                          
                          The references relied upon by the examiner to support the                                                                     
                 final rejection are:                                                                                                                   
                 Watson et al. (Watson)                                         4,446,864                           May   8,                            
                 1984                                                                                                                                   
                 PCT Application                                       WO 93/00952                                  Jan. 21,                            
                 1993                                                                                                                                   
                 (Mangum)                                                                                                                               

                                                                 THE REJECTION                                                                          
                          Claims 1-3 stand rejected under 35 U.S.C. § 103 as being                                                                      
                 unpatentable over Mangum in view of Watson.                                                                                            
                          The rejection is explained in Paper No. 5.                                                                                    




                          2Entry of an amendment after the final rejection was                                                                          
                 permitted upon the filing of a notice of appeal.                                                                                       







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