Ex parte RITZ et al. - Page 2

                Appeal No.96-0601                                                                                                             
                Application 08/104,965                                                                                                        

                                                       DECISION ON APPEAL                                                                    
                         James A. Ritz and Brian L. Fideler (the appellants) appeal                                                           
                from the final rejection of claims 4-7, 9, 10, 12 and 13, the                                                                 
                only claims remaining in the application.   We reverse.              2                                                        
                         The appellants’ invention pertains to a tool which is used                                                           
                in the placement of implantable leads during a surgical                                                                       
                procedure.  Independent claim 4 is further illustrative of the                                                                
                appealed subject matter and reads as follows:                                                                                 
                         4.  A tool for use in the placement of implantable leads,                                                            
                         a capsule having a forward end, a rearward end and an                                                                
                internal cavity, said internal cavity open to the rearward end of                                                             
                said capsule, said capsule comprising first and second                                                                        
                longitudinally extending sections pivotally mounted to one                                                                    
                another at a pivot point, said first section fabricated of a                                                                  
                material which may be deformed manually, said capsule further                                                                 
                provided with latch means spaced from said pivot point for                                                                    
                mechanically latching said first and second sections to one                                                                   
                another and for mechanically unlatching said first and second                                                                 
                sections from one another in response to manual deformation of                                                                
                said first section between said pivot point and said latch means.                                                             

                         The reference relied on by the examiner is:                                                                          
                Camps et al. (Camps)                              5,241,957                Sep.  7, 1993                                      
                (filed Nov. 18, 1991)                                                                                                         

                         2Claim 13 has been amended subsequent to final rejection.                                                            

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