Appeal No. 95-0423
Application 07/696,859
body of a patient for establishing communication between a
high pressure chamber and a low pressure chamber separated by
a membrane (claims 16-31 and 58), the combination of a hole
forming device for forming a hole in a membrane and a shunt
removably carried by the hole forming means (claims 1-15, 55-
57 and 61-63), and a method of providing communication in the
body of a patient across a membrane separating high and low
pressure chambers (claims 32, 34-54, 59 and 60). A basic
understanding of the invention can be derived from a reading
of exemplary claim 1, a copy of which is appended to
appellant’s brief.
The following reference of record is relied upon by the
examiner in support of rejections under 35 U.S.C. § 102(e) and
35 U.S.C. § 103:
Ritch et al. (Ritch) 4,968,296 Nov. 6,
1990
(filed Dec. 20, 1989)
The following rejections are before us for review:
(a) claim 59 stands rejected under 35 U.S.C. § 112,
second paragraph, “as being infinite” (answer, page 3);
(b) claims 1-32 and 34-63 stand rejected under 35 U.S.C.
§ 102(c) “as being abandoned by applicant” (answer, page 4);
-2-
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