Appeal No. 1999-2624 Page 2
Application No. 08/561,658
by an amendment filed October 9, 1998 (Paper No. 12),
subsequent to the examiner's answer (Paper No. 11). No other1
claims remain pending in this application.
BACKGROUND
The appellant's invention relates to a device which is
particularly useful in the intubation of the lacrimal ducts
(specification, page 1). A substantially correct copy of the
claims on appeal is contained in the supplemental appendix
filed January 10, 2000 (Paper No. 15).2
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Crawford et al. (Crawford) 4,380,239 Apr. 19,
1983
Fugoso et al. (Fugoso) 5,545,138 Aug. 13,
1996
(filed Feb. 28,
1994) The following rejection is before us for review.
1According to the examiner (Paper No. 13, mailed November 18, 1998),
this amendment has been entered and new claims 19 and 20 stand allowed.
Claims 1-10 and 13-18 stand rejected.
2The copy of claim 1 in the supplemental appendix is inconsistent with
claim 1 of record in that, in line 5, "distal" has been omitted before "end."
Additionally, claims 19 and 20 should have been omitted from the supplemental
appendix, since they stand allowed and, thus, are not involved in this appeal.
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