Appeal No. 96-2266
Application 08/156,794
(2) Claims 3 to 14 and 36 to 38, unpatentable over
Christian in view of Thomas, under 35 U.S.C. § 103;
(3) Claim 15, unpatentable over Christian in view of
Thomas and Frankhouser, under 35 U.S.C. § 103.
Rejection (1)
Christian discloses a device 12 having tubular part 42
having a side inlet 61 controlled by a stop cock 56. At one
end of part 42 is a flexible valve 11 through which “various
types of devices or tools,” such as trocar 66, may be
introduced. At column 4, lines 14 to 48, the patentee
discloses that the device may be used in connection with
endoscopic surgery, the device being used with trocar 66 to
penetrate the abdominal wall, and the valve 11 then retaining
the gas in the abdominal cavity even after the trocar is
withdrawn and additional tools are inserted through the valve.
Christian also discloses in column 5, lines 21 to 37, that
plural surgical tools can be nested together so that one can
be inserted through another to go through a common opening to
perform a multiplicity of procedures, valve 11 at all times
retaining gas within the cavity.
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