Appeal No. 95-3598
Application 08/125,671
In the specification and in Figure 3 of the application
drawings, it is clearly indicated that the laser-transmitting
optical fiber (66) and the fluid transfer tube (71) are each
attached to one of the manipulating fingers (75 and 74,
respectively) and extend to a tip thereof. Given this
disclosure, we see no way that these elements can be said to be
connected to the distal end portion of the laparoscopic
instrument "independently of motions of said fingers in response
to said actuator means." On the contrary, the connection of these
elements to the distal end of the instrument in the manner
disclosed clearly will require that those elements move with the
fingers to which they are attached in response to movement of the
fingers by the actuator means.
Appellants' assertion in the brief and reply brief that
these limitations are intended to distinguish prior art according
to which an instrument (such as a laser-transmitting optical
fiber or a fluid transfer tube) may be grasped by the fingers of
a robotic hand, has been considered. However, we are not
convinced by appellants' argument that the language used in these
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