Appeal No. 95-0065
Application 07/568,348
could not construct a system or structure on which claim 54
would read but claim 15 would not read, and vice versa. Cf.
In re Knohl, 386 F.2d 476, 480, 155 USPQ 586, 590 (CCPA 1967).
Appellant argues (brief, page 46)
that the recitation "to remove biological tissue within the
body" is more than a statement of intended use because it
"defines the character of the radiation being emitted by the
laser energy
source," but, as the examiner indicates on page 28 of the
answer,
appellant does not state "in what way this would provide some
sort of distinguishing structural relation."
Rejection (2) will accordingly be sustained.
Conclusion
The examiner's decision to reject claims 44 to 70
under 35 U.S.C. § 103 is reversed, and to reject claim 54
under 35 U.S.C. § 101 is affirmed.
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