Ex parte BUSCEMI - Page 6




          Appeal No. 97-2552                                         Page 6           
          Application No. 08/541,658                                                  


          at the claimed invention.  In that regard, Levy does not teach or           
          suggest the following elements from independent claim 3:                    
          (1) a catheter constructed and arranged for insertion into                  
          vessels, ducts, veins, arteries, or blood vessels of a living               
          body, and (2) a supply of photocurable fluid soft tissue repair             
          material.                                                                   


               The examiner believes that the above-noted elements are met            
          by the device shown in Figure 2 of Levy.  We do not agree.                  


               The device shown in Figure 2 of Levy is used for treating              
          mineralized body tissues, including a variety of dental tissues             
          and bone.  The device shown in Figure 2 of Levy includes an                 
          optical fiber 30 for conducting laser radiation to a region to be           
          filled or coated, and two supply tubes 32 and 34 each connected             
          to receive components of the coating or filling material from a             
          respective supply unit 36 or 38.  One example of a method carried           
          out with the aid of the device shown in Figure 2 taught by Levy             
          is where a mixture of materials, such as hydroxyapatite, ceramic            
          and a dark colored material, e.g., carbon black, all in powdered            
          form, is projected from tube 32 by being entrained in an air                
          stream, while H PO  is projected from tube 34 by being entrained            
                         3 4                                                          







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