Appeal No. 1997-3676
Application 08/237,221
occlusions in a tear duct can be removed by the use of laser
energy. As far as Ector is concerned, while light energy is
used, it is not laser energy, and its purpose is not to
operate upon occlusions found therein, but only to mark the
end
of the instrument upon which the fiber optics is installed.
Therefore, this reference also provides no suggestion that a
laser be inserted into a tear duct or that laser energy be
used to remove occlusions located therein. The lack of
suggestion to combine the references is not alleviated by
further considering the teachings of the other three
references, which are directed to the existence and
characteristics of various types of lasers.
For the reasons set forth above, it is our opinion
that the only suggestion for combining Herrick and Ector in
the manner advanced by the examiner is found in the luxury of
the hindsight accorded one who first viewed the appellant’s
disclosure. This, of course, is not a proper basis for a
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