Appeal No. 97-2550
Application 08/467,698
DECISION ON APPEAL
Peter M. Bonutti et al. originally appealed from the
final rejection of claims 12, 13, 15, 16, 18, 20 through 22,
25 through 38, 41 through 44 and 46. Since then, the 2
examiner has withdrawn all rejections of claims 16, 18, 20
through 22, 25, 26, 29 through 38, 41 through 44 and 46 (see
page 2 in the examiner's answer, Paper No. 16). These claims,
as well as non-appealed claims 14, 17, 19, 23, 24, 39, 40, 45
and 47 through 56 (the only other claims pending in the
application), now stand either allowed or objected to as
depending from a rejected base claim (see page 1 in the
answer). Thus, the appeal as to claims 16, 18, 20 through 22,
25, 26, 29 through 38, 41 through 44 and 46 is hereby
dismissed, leaving for review the standing rejections of
claims 12, 13, 15, 27 and 28.
The subject matter on appeal relates to a cannula having
a variable volume chamber which is expandable by fluid
pressure into engagement with surrounding body tissue to
retain the cannula in place. A copy of claims 12, 13, 15, 27
2Claims 12 and 41 have been amended subsequent to final
rejection.
2
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