Appeal No. 97-2552 Page 7
Application No. 08/541,658
in a second air stream. The two streams mix together in a region
illuminated by reaction-producing laser radiation emanating from
fiber 30 and react to form calcium phosphate. In addition, Levy
discloses that depending on the ingredients of the mixture, the
reaction product could be monobasic calcium phosphate, dibasic
calcium phosphate, or tribasic calcium phosphate.
From our review of Levy, we find no teaching or suggestion
that the device shown in Figure 2 of Levy is constructed and
arranged for insertion into vessels, ducts, veins, arteries, or
blood vessels of a living body. It is our view that the inherent
size of Levy's device would be larger than that recited in claim
3. In addition, we find no teaching or suggestion that the
device shown in Figure 2 of Levy has a supply of photocurable
fluid soft tissue repair material. In that regard, it is our
opinion that the none of the materials stored in Levy's supply
units 36 and 38 are photocurable fluid soft tissue repair
material.
We have also reviewed Thomas and Gottschalk applied in the
rejections of the claims under appeal but find nothing therein
which makes up for the deficiencies of Levy discussed above.
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