Ex Parte BEALE - Page 3



                Appeal 2007-1432                                                                             
                Application 09/141,186                                                                       
                Patent 5,549,673                                                                             

                            16. (Reissue claim) A system of phonosurgery implantation for                    
                      insertion by a surgeon through an opening formed in a patient's                        
                      thyroid cartilage to medialize a vocal cord therein, the system                        
                      comprising:                                                                            
                            (a) a series of implant bodies of different sizes, the implant                   
                      bodies each having a holding portion and a series of engaging means                    
                      for holding the implant bodies relative to the vocal cord by engaging                  
                      the holding portion of the bodies in different positions in the opening                
                      formed in the thyroid cartilage;                                                       
                            (b) a series of sizing instruments, each having an elongated                     
                      handle with a handle axis, proximal and distal end portions, the distal                
                      end portion having a sizing portion corresponding respectively in size                 
                      and shape to one of the implant bodies for enabling a surgeon to                       
                      determine the correct size and shape implant body to use;                              
                            (c) each of the sizing portions having a sloped surface that                     
                      forms an obtuse angle with the handle axis, the sloped surface being                   
                      positioned to engage the patient’s vocal cord to be medalized;                         
                            (d) an inserter instrument for engaging the selected implant                     
                      body so that the surgeon can insert and move the selected implant                      
                      body in the opening in the thyroid cartilage;                                          
                            (e) wherein the holding portions on the implant bodies are                       
                      shaped in cross section to connect with the inserter instrument.                       

                            17. (Reissue claim) A system of phonosurgery implantation for                    
                      insertion by a surgeon through an opening formed in a patient's                        
                      thyroid cartilage to medialize a vocal cord therein, the system                        
                      comprising:                                                                            
                            (a) a plurality of implant bodies of different sizes;                            
                            (b) a plurality of sizing instruments of different sizes for                     
                      enabling a surgeon to determine the implant body to use, each sizing                   
                      instrument having an elongated handle with a handle axis, and                          
                      proximal and distal end portions, and the distal end portion having a                  

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