Appeal No. 97-2486
Application No. 08/308,983
MEISTER, Administrative Patent Judge.
DECISION ON APPEAL
Charles R. Slater, Matthew A. Palmer and Peter Kratsch
(the appellants) appeal from the final rejection of claims 37-
40. Claims 29-36, the only other claims remaining in the
application, stand allowed.
We AFFIRM-IN-PART and, pursuant to our authority under
the provisions of 37 CFR § 1.196(b), enter a new rejection of
claim 38 under 35 U.S.C. § 112, second paragraph.
The appellants' invention pertains to a method of
manufacturing an end effector for an endoscopic
electrosurgical instrument. Independent claim 37 is further2
illustrative of the appealed subject matter and a copy thereof
may be found in the APPENDIX to the brief.
The references relied on by the examiner are:
Horton 3,153,826 Oct. 27, 1964
2Although the specification in describing the invention
makes reference to Figs. 1, 1a, 1b, 2, 2a, 2b, 3, 3a, 3b, 4,
4a, 5, 5a, 6, 6a, 6b, 7, 8, 9a, 9b, 10a and 10b of the
drawings (as well as various reference numerals associated
therewith), the application file contains drawings depicting
only Figs. 9a, 9b, 10a and 10b. Our understanding of the
remaining figures is derived from copies of the drawings
obtained from parent application 08/107,454 (which was filed
under 37 CFR § 1.60).
2
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