Appeal No. 2003-0260 Page 3
Application No. 09/507,601
implanted in the eye being of sufficient size to substantially prevent glare
resulting from interaction of light and the periphery of the optic.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Kelman 4,608,049 Aug. 26, 1986
Stoy 4,731,079 Mar. 15, 1988
Blumenthal 4,840,627 June 20, 1989
Claims 21 and 34 to 37 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Kelman in view of Stoy or Blumenthal.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejection, we make reference to the answer
(Paper No. 16, mailed June 4, 2002) for the examiner's complete reasoning in support
of the rejection, and to the brief (Paper No. 15, filed March 4, 2002) and reply brief
(Paper No. 17, filed August 12, 2002) for the appellants' arguments thereagainst.1
1 The rejection of claims 21 and 34 to 37 under 35 U.S.C. § 102(b) was withdrawn by the
examiner in the answer (p. 2).
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