Appeal No. 2003-0260 Page 6
Application No. 09/507,601
(Figures 7-8) has a deformable lens body 80 made of silicone rubber fixed in position
by a position-fixation member 75 similar to the position-fixation member 72 but with a
flexible loop 76.
The position-fixation members 72 and 75 of Kelman do not include first and
second generally C-shaped resilient fixation members coupled to the optic at generally
diametrically opposed locations as recited in claim 21. Likewise, the position-fixation
members 72 and 75 of Kelman do not include elongated, resilient fixation members
extending curvedly radially from the optic as recited in claim 34.
Thus, even if it would have been obvious at the time the invention was made to a
person of ordinary skill in the art to have made the Kelman resilient, deformable silicone
based optic to have at least about 20 diopter power, the claimed subject matter would
not have resulted since the Kelman resilient, deformable silicone based optic does not
include the claimed fixation means coupled thereto.4
4 On page 5 of the answer, the examiner posits that C-shaped resilient fixation members on the
deformable lens of Kelman would have been obvious to an artisan. We note that this obviousness
determination is not part of the rejection before us in this appeal and therefore we need not further
comment on this issue other than to say there is no evidence presented by the examiner to support it.
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