Ex parte PHAN et al. - Page 7




          Appeal No. 2000-0433                                                        
          Application 08/741,070                                                      


               As such, we agree with the appellant that the combined                 
          teachings of Kaplan and Korgel do not disclose a method for                 
          attaching a fixation member to an optic of a intraocular lens               
          which includes the step of “securing said lens bonding region               
          free of enlarged anchor structures to said optic member by                  
          reducing the size of said recess,” as recited in claim 1.                   
          Clearly, both references require that the end of the haptic                 
          have an anchor structure with an enlarged end.                              
               In view of the foregoing, we will not sustain the                      
          examiner’s rejection of claim 1 or claims 2-13 dependent                    
          thereon.  In addition, we will not sustain the examiner’s                   
          rejection of claim 14 and claim 15 dependent thereon because                
          claim 14 also recites that the lens bonding region of the                   
          fixation member is free of enlarged anchor structures.                      


               We turn next to the examiner’s rejection of claim 16                   
          under 35 U.S.C. § 103 as being unpatentable over Korgel in                  
          view of Kaplan.  In support of this rejection the examiner                  
          states that it would have been obvious to use cross-linked                  
          silicone in the  Kaplan device absent a showing that the use                


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