TSURUTA et al. V. NARDELLA - Page 2




          Interference No. 103,950                                                    


                                                                                     
                           MEMORANDUM OPINION AND JUDGMENT                            

               1.  The above-referenced interference was declared on                  
          July 18, 1997 (Paper No. 1, page 1) with two Counts.                        


               2.  Count 1 reads as follows:                                          
               A surgical device for stapling and fastening body tissue,              
          comprising:                                                                 
               an operation section operated outside a body cavity;                   
               an insertion section extending from said operation                     
          section for insertion into a body cavity;                                   
               electrosurgical energy applying means provided within                  
          said insertion section, for applying electrosurgical energy to              
          body tissues within a body cavity;                                          
               a cartridge provided within the insertion section, said                
          cartridge containing a plurality of staples, the staples each               
          having at least two legs which are to be inserted into the                  
          body tissues;                                                               
               staple-applying means provided within the insertion                    
          section, and coupled to said cartridge for applying at least                
          one staple from said cartridge to target tissue through said                
          insertion section;                                                          
               staple-deforming means provided within the insertion                   
          section for deforming the at least one staple applied to the                
          target tissues by said staple-applying means, thereby stapling              
          the target tissues together; and                                            
               current-supplying means, extending through said insertion              
          section from said operation section to said electrosurgical                 
          energy applying means to prevent bleeding of treated target                 
                                         -2-                                          





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