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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