Appeal No. 97-4119 Page 6
Application No. 08/369,545
the abdomen, which certainly is anatomical tissue. Once inside
the abdomen, Sinnreich inflates an expandable member which
creates a space that did not previously exist, in that it
insuflates the cavity to open it so that procedures can be
conducted and visualized by means of an endoscope (column 3).
The question then becomes whether the abdomen is an
“obstructed site.” The definition of “obstructed site” set
forth on page 3 of the appellants’ specification is
anatomical spaces or cavities of such a small size
that procedures cannot be visualized and/or performed
as well as anatomical locations where no space or
cavity exists.
In our opinion, the fact that Sinnreich teaches that the
abdomen needs to be insuflated by his device prior to inserting
an endoscope to perform and visualize procedures, in and of
itself, establishes that this anatomical tissue falls within
the appellants’ definition of “obstructed site.” Moreover,
considering that a cavity of such small size that procedures
cannot be visualized and/or performed is an “obstructed site,”
according to the appellants’ specification, the abdomen of a
small adult, a child or an infant, with which the Sinnreich
device can be utilized, would qualify.
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