Ex Parte BEALE - Page 9



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

                      18. The prior art relied upon by the Examiner in rejecting the                         
                claims was:                                                                                  
                      Stevens  US 3,547,115 Dec. 15, 1970                                                    
                      Ripple  US 4,566,466 Jan. 28, 1986                                                     
                      Koufman, Laryngoplastic Phonosurgery, Laryngeal and Tracheal                           
                      Reconstruction, 339-350 (1988).                                                        
                      Isshiki, Kojima, Taira, and Shoji, Recent Modifications in Thyroplasty                 
                      Type I, Meeting of the Am. Laryngological Ass’n, 777-779 (1989)                        
                      (hereinafter “Isshiki”).                                                               
                      19. Claims 13-16 and 18-19 were rejected under 35 U.S.C. § 112,                        
                second paragraph, as being indefinite.                                                       
                      20. Claims 13 and 18-19 were rejected under 35 U.S.C. § 103 as                         
                being unpatentable over Koufman, Isshiki, Stevens, and Ripple.                               
                      21. In the Non-Final Action at page 5 the Examiner also indicated:                     
                      Claims 14-16 are deemed to recite patentably unobvious subject                         
                      matter because the prior art does not show the claimed features                        
                      and the instant disclosure appears to recite criticality . . . of the                  
                      specific holding portion, inserting instrument and engaging                            
                      means configuration over the prior art, i.e., faster, simpler,                         
                      efficient locking.                                                                     
                      22. On January 9, 1995, and May 18, 1995, Appellant filed a first                      
                Amendment (“the First Amendment”) and a second Amendment (“the                               
                Second Amendment”) responding to the Examiner’s Non-Final Action.                            




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