Ex parte REMISZEWSKI et al. - Page 4




          Appeal No. 1999-2065                                                        
          Application 08/651,502                                                      



                    The prior art references of record relied upon by                 
          the examiner in rejecting claims 1-4, 7-9, 14, 15, 19, 20, 45               
          and 46 are:                                                                 
          Fischer                   960,300                 June   7,                 
          1910                                                                        
          Olson               2,853,074                     Sept. 23, 1958            
          Takaro              3,269,631                     Aug.  30, 1966            


                    The following rejections are before us for review.1               
                    Claim 45 stands rejected under 35 U.S.C. § 102(b) as              
          being anticipated by Fischer.                                               


                    Claims 1-4, 7-9, 14, 15, 19, 20 and 46 stand                      
          rejected under 35 U.S.C. § 103(a) as being unpatentable over                
          Olson in view of Takaro.                                                    




            1                                                                         
           We note that in claim 1, line 10, the recitation of “the                   
          tissue” appears to lack antecedent basis.  It is further noted              
          that claim 45 contains a similar limitation and provides                    
          proper antecedent basis in line 6.  During any further                      
          prosecution of this application before the examiner, it is                  
          suggested that   claim 1 be amended, using language similar to              
          that of claim 45, to provide proper antecedent basis for “the               
          tissue” or, in the alternative, to delete “the” before                      
          “tissue.”                                                                   
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