Ex Parte BEALE - Page 6



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

                            of implantation for surgically medializing a paralyzed or                        
                            bowed vocal cord.                                                                
                      2. The invention actually claimed in U.S. Patent 6,144,380, is                         
                more specifically directed to “[a] system of phonosurgery implantation for                   
                insertion by a surgeon through an opening formed in a patient's thyroid                      
                cartilage to stabilize a vocal cord” so “the surgeon can insert and move the                 
                selected implant body in the opening in the thyroid cartilage.”  (See Patent                 
                claims 1-3).                                                                                 
                      3. The patent sought to be reissued was based on Application                           
                08/118,097 (which we refer to as the “original application” even though it is                
                the second application in the sequence), filed September 8, 1993, which is                   
                said to be a continuation of Application 07/511,454 (which we refer to as                    
                “the parent”), filed April 20, 1990, now abandoned.                                          

                              B.  Prosecution history of the parent application                              
                      4. As filed, parent application 07/511,454 contained claims 1-17,                      
                directed to a phonosurgery implant, a system of phonosurgery implantation,                   
                and a method of sizing and implanting a phonosurgery prosthesis.                             
                      5.  Claims 1-11 were directed to the phonosurgery implant.                             
                Claim 2 specifically recited that the implant includes “a sloped surface.”                   
                      6. Claims 12-16 were directed to the system of phonosurgery                            
                implantation.  Claim 13 depended from claim 12, claim 14 depended from                       
                claim 13, and claims 15 and 16 depended from claim 14.                                       


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