Ex parte BLOM et al. - Page 2




                 Appeal No. 97-3294                                                                                                                     
                 Application 08/408,225                                                                                                                 




                 Before STONER, Chief Administrative Patent Judge, and CALVERT                                                                          
                 and COHEN, Administrative Patent Judges.                                                                                               
                 COHEN, Administrative Patent Judge.                                                                                                    
                                                           DECISION ON APPEAL                                                                           
                                   This is an appeal from the final rejection of claims                                                                 
                 1 through 6 and 14 through 16, all of the claims remaining in                                                                          
                 the application.             2                                                                                                         
                                   Appellants’ invention pertains to a device for                                                                       
                 insertion into an opening of a human body.  An understanding                                                                           
                 of the invention can be derived from a reading of exemplary                                                                            
                 claims 1  and 14, copies of which appear in the APPENDIX to                                                                            
                 appellants’ main brief (Paper No. 15).                                                                                                 
                                   As evidence, the examiner has applied the document                                                                   
                 listed below:                                                                                                                          
                 Blom et al. (Blom)           4,911,716           Mar. 27, 1990                                                                         
                                   A reference of record in this application, applied                                                                   
                 in a new ground of rejection, infra, is:                                                                                               
                 Friese                       4,610,659           Sep.  9, 1986                                                                         

                          2We note that the present application, indicated to be a                                                                      
                 division of application Serial No. 07/818,853 that matured                                                                             
                 into U.S. Patent No. 5,300,119, includes a TERMINAL DISCLAIMER                                                                         
                 (Paper No. 8) based upon the specified patent.                                                                                         
                                                                           2                                                                            





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