Ex Parte BEALE - Page 7



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

                      7. During prosecution claims 5 and 12 were cancelled and                               
                independent claims 18 and 19 were added.  Dependent claim 13 was                             
                amended to depend from claim 18.                                                             
                      8. Claims 18 and 19 were also directed to the system of                                
                phonosurgery implantation.  Claim 18 specifically recited “sizing                            
                instruments each with sizing portions corresponding in size and shape to one                 
                of the implant bodies.”                                                                      
                      9. On February 8, 1993, the Examiner finally rejected all pending                      
                claims.                                                                                      

                            C.  Prosecution history of the “original” application                            
                      10. On September 8, 1993, Appellant filed continuation                                 
                Application 08/118,097 to prosecute all pending claims.  Additionally,                       
                claims 20-28 were added by amendment.  Also, claim 2 was amended to                          
                further define the “sloped surface” portion of the phonosurgery implant                      
                body.                                                                                        
                      11. On February 14, 1994, the Examiner entered a Restriction                           
                Requirement.                                                                                 








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