Appeal No. 97-0939
Application 08/127,319
and 4 when considered in light of page 5, lines 4-7 and 22-23, of the specification, and from an
understanding of the intended end result of the invention as a whole. Support for step (2) is found, in
our view, in the first and third objects of the invention found on page 2 of the specification, and the
summarized description of appellant’s method as found on page 3, lines 14-18, when these portions of
the specification are read in conjunction with Figures
1, 2 and 4. Figure 4 is especially pertinent in this respect in that it shows the herniated tissue HT
projecting into the pre-peritoneal space PS formed by the balloon, the laparascope 12 positioned
through trocar sleeve 14 into the space PS, and the absence of the elongated instrument used to create
the space PS. Support for step (3) is found in the specification at page 2, lines 23-24, and page 4, last
two lines. In this regard, when read in context, an artisan would understand the word “upon” as used in
the specification and claims as indicating that the balloon is disposed between the abdominal tissue AM3
and the peritoneum PP and then inflated. Finally, support for (4) is found in the specification at page 3,
lines 4-7, and page 5, lines 14-17, especially in that these passages indicate that carbon dioxide gas is
used to “maintain” the space PS in a desired state of expansion.
In reaching these conclusions, we reiterate that the test for compliance with the written
3See page 2, line 23, and page 4, penultimate line, of the specification.
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007