Ex parte C.A. BUFFINGTON, et al. - Page 2




          Appeal No. 96-3544                                                          
          Application No. 08/296,856                                                  


               We REVERSE.                                                            

                                     BACKGROUND                                       
               The appellants' invention relates to a guide for gastrostomy           
          tube placement in an animal.  Claim 11 is representative of the             
          subject matter on appeal and a copy of claim 11, as it appears in           
          the appellants' brief, is attached to this decision.                        


               The prior art references of record relied upon by the                  
          examiner as evidence of anticipation under 35 U.S.C.  102(b) or            
          obviousness under 35 U.S.C.  103 are:                                      
          Binard et al. (Binard)        3,777,743           Dec. 11, 1973             
          Heyman                        4,571,239           Feb. 18, 1986             
          Paxson                        5,201,882           Apr. 13, 1993             
                                                       (filed Nov. 1,                 

          1990)                                                                       


               Claim 11 stands rejected under 35 U.S.C.  102(b) as being             
          anticipated by Heyman.                                                      


               Claim 5 stands rejected under 35 U.S.C.  103 as being                 
          unpatentable over Heyman in view of Binard.                                 



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