Appeal No. 96-2081
Application 08/125,892
were known, albeit inadequate. The specification also
discloses that it was known prior to appellant's invention to
remove body fluids from the operative site for external
collection using suction equipment during endoscopically
performed operative procedures. See, specification, pages 1
and 2.
Accordingly, we remand this application to the examiner
to consider the claimed subject matter relative to the
endoscopi-cally performed operative procedures known prior to
appellant's invention and to determine if the claimed subject
matter is patentable under 35 U.S.C. § 102 and § 103 over the
known endoscopically performed operative procedures alone or
in combination with other prior art, such as, the patent to
Lee.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 24 through 30 under 35 U.S.C. § 103 is reversed.
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