Appeal No. 1999-2065
Application 08/651,502
This is a decision on appeal from the examiner’s
final rejection of claims 1, 2, 4, 7-9, 19, 45 and 46 and from
the
examiner’s refusal to allow claims 3, 14, 15 and 20 as amended
in the after final amendment, Paper No. 53, filed December 18,
1998. Claims 13, 21-23, 26, 28-31, 34-39 and 44 stand
allowed, and
claims 10 and 11 are objected to as being dependent on a
rejected base claim and according to the examiner would be
allowable if rewritten in independent form. Claims 5, 6, 12,
16-18, 24, 25, 27, 32, 33 and 40-43 have been canceled.
BACKGROUND
Appellants’ invention relates to a surgical stapling
apparatus including a first handle member (30) with a jaw
member (33) having a staple-retaining member (90) and a second
handle member (10) with a jaw member (14) having an anvil
(16). The handle members are pivotally connected to each
other (at 50). The apparatus further includes a staple pusher
2
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