Appeal No. 97-4119 Page 2
Application No. 08/369,545
This is an appeal from the decision of the examiner
finally rejecting claims 1, 7, 14, 15, 17, 40, 52 and 53.
Claims 19-24 have been allowed, claims 3, 8-12, 16, 18, 41, 43,
44, 46, 47, 54 and 55 have been indicated as containing
allowable subject matter, claims 4-6, 13, 42, 45, 48-51, 56 and
57 have been withdrawn from consideration as being directed to
a non-elected invention, and claims 2 and 25-39 have been
canceled.
The appellants’ invention is directed to a method of
creating a space endoscopically at an obstructed site in
anatomical tissue. The claims on appeal have been reproduced
in an appendix to the Brief.
THE REFERENCES
The references relied upon by the examiner to support the
final rejection are:
Sinnreich 3,882,852 May
13, 1975
Tovey 5,405,360 Apr. 11,
1995
(filed Jul. 22, 1993)
THE REJECTIONS
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