Ex Parte Schachar - Page 2




             Appeal No. 2005-1315                                                                Παγε 2                                       
             Application No. 09/972,533                                                                                                       


                                                   BACKGROUND                                                                                 
                    The appellant's invention relates to a scleral prosthesis for treating presbyopia by                                      
             applying an outward force on the anterior edge of the scleral pocket in which the                                                
             prosthesis is implanted which elevates the portion of the sclera attached thereto and the                                        
             ciliary body immediately beneath the sclera to increase the working distance of the                                              
             ciliary muscle (specification, page 6).  Claims 1 and 45 are representative of the                                               
             invention and read as follows:                                                                                                   
                           1.  A scleral prosthesis comprising:                                                                               
                                  a base member having a surface adapted to contact                                                           
                           ocular tissue within a pocket surgically formed within scleral                                                     
                           tissue of an eye in the region of the ciliary body, and                                                            
                                  a ridge member associated with said base member                                                             
                           that applies force to said pocket to thereby cause scleral                                                         
                           expansion.                                                                                                         
                           45.  A prosthesis adapted for contact with the sclera of an                                                        
                           eye in the region of the ciliary body, said prosthesis                                                             
                           comprising a body having an elongated base with a first end                                                        
                           and a second end, said body having a shape prescribed to                                                           
                           expand said sclera.                                                                                                
                    The prior art references of record relied upon by the examiner in rejecting the                                           
             appealed claims are:                                                                                                             
             Smith     4,946,436   Aug. 7, 1990                                                                                               
             Fisher    5,558,630   Sep. 24, 1996                                                                                              
















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