Ex parte RIEK et al. - Page 2

          Appeal No. 97-2600                                                          
          Application 08/500,091                                                      

          Before MEISTER, ABRAMS and FRANKFORT, Administrative Patent                 
          MEISTER, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
                    This is an appeal from the final rejection of claims              
          16-25, 27, 29-37, 39 and 41-44, the only claims remaining in                
          the application.  We reverse.                                               
                    The appellants’ invention pertains to an instrument               
          for the penetration of body tissue.  Independent claim 16 is                
          further illustrative of the appealed subject matter and reads               
          as follows:                                                                 
                    16.  An instrument for the penetration of body                    
          tissue comprising:                                                          
                    a rigid shaft having a distal end,                                
                    a tissue contacting element at the distal end of                  
          said shaft shaped to enlarge an opening in body tissue as the               
          tissue contacting element and said shaft are advanced, said                 
          tissue contacting element having a distal end, and at least                 
          part of said tissue contacting element being transparent to                 
          permit viewing of body tissue therethrough, and                             
                    an advancing element at said tissue contacting                    
          element, said advancing element having a cutting edge to                    
          penetrate the body tissue and extending from adjacent the                   
          distal end of said tissue contacting element towards said                   


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