Ex parte SHEN et al. - Page 3




          Appeal No. 97-3136                                         Page 3           
          Application No. 08/312,780                                                  


                                     BACKGROUND                                       
               The appellants' invention relates to a laser medical                   
          device.  An understanding of the invention can be derived from              
          a reading of exemplary claim 1, which appears in the appendix               
          to the appellants' brief.                                                   


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Ammann                   4,165,469                Aug. 21, 1979             
          Berger et al. (Berger)   5,181,214                Jan. 19, 1993             
          Buys et al. (Buys)       5,336,217                Aug.  9, 1994             



               Claims 1 through 4 and 6 through 14 stand rejected under               
          35 U.S.C. § 103 as being unpatentable over Berger in view of                
          Ammann and Buys.                                                            


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellants regarding the above-noted                
          rejection, we make reference to the final rejection (Paper No.              
          8, mailed April 4, 1996) and the examiner's answer (Paper No.               
          16, mailed February 28, 1997) for the examiner's complete                   








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