Appeal No. 97-0939
Application 08/127,319
Rejections (e) & (f)
The 35 U.S.C. § 103 Rejections
We appreciate that Bonutti discloses a method of using a balloon retractor to create a space in
the body for a surgical procedure by first positioning the deflated balloon in the body at a desired
location, then inflating the balloon with fluid, and thereafter manipulating the balloon to separate body
tissue (column 7, lines 23-42). Bonutti also teaches that, depending on the application, the balloon can
be left in place during the operation, or deflated and removed and
another instrument put into the space created (column 3, lines 50-52; column 4, lines 53-58). We also
appreciate that Moll discloses the use of an inflated retractor to create a working space for a
laparoscopic hernia repair operation (Figures 20A, 20B, 21 and the portions of the specification
describing same). Our difficulty with the examiner’s rejection, however, stems from its implied position
that the combined teachings of these references would have suggested to one of ordinary skill in the art
a method of using the balloon retractor of Bonutti in a hernia repair operation that includes the step of
removing the balloon retractor instrument prior to performing the hernia repair operation on the
herniated tissue, as now required by each of the independent claims on appeal. Clearly, Moll teaches
that the retractor should in all instances remain in place during the operation. As to Bonutti, while the
balloon can be deflated and removed, and another instrument put into the space created (column 3,
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