Appeal No. 95-0065
Application 07/568,348
DECISION ON APPEAL
This is an appeal from the final rejection of claims
44 to 70. Claims 71 to 76, the other claims remaining in the
application, stand withdrawn from consideration under 37 CFR
§ 1.142(b) as being directed to a nonelected invention.
The claims on appeal are drawn to a system and
method for the removal of biological tissue within a body, and
a copy thereof is included in Appendix A of appellants'
brief.2
The references applied in the final rejection are:
L'Esperance 3,982,541 Sept. 28,
1976
Esterowitz et al. (Esterowitz) 4,321,559 Mar. 23,
1982
Madone et al. (Madone) 4,445,918 May 1,
1984
Takano 4,454,882 June 19,
19843
Sinofsky 4,950,266 Aug. 21,
1990
2References in this decision to appellant's brief are to
the brief filed on November 29, 1993; to the examiner's answer
are to the answer mailed on February 2, 1995; and to appel-
lant's reply brief are to the reply brief filed on February
25, 1998.
3We note that this reference was not listed on page 2 of
the examiner's answer.
2
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